definiens: shall mean any and all pa tents ( other than Program Patents ), both foreign and domestic, that have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal has been or can be taken, including without limitation all e xtensions, reissues, renewals, reexaminations, supplementary protection certificates and inventors ' certificates, ( a ) that ( i ) are issued as of the Eff ective Date, ( ii ) subsequently issue from applications ( including sub stitutions, divisionals, continuations and continuations - in - part ) pending as of the Effective Date or ( iii ) issue from any such applications subsequently filed on inventions made as of the Effective Date, ( b ) that [COMPANY] owns, control s or to which it has a license ( with the right to sublicense ), during the term of this Agreement and ( c ) that would be infringed by the conduct of the R esearch Program or the development, manufacture, use or sale of Program Pr oducts