definiens: means ( i ) the United States patentapplications and patents listed on Schedule 1.28A of the PDA and, except asotherwise provided therein, all other United States patent applications andpatents Controlled by TGC at any time during the term of the PDA relating to thesubject matter therein, including, without limitation, patent applications andpatents with respect to Improvements and New Products ; ( ii ) all divisional, continuation, continuation - in - part or substitute applications which claimpriority from any of the patent applications within ( i ) above ; ( iii ) all UnitedStates patents which may issue on any of the patent applications within ( i ) or(ii ) above ; ( iv ) all extensions, re - examinations, or reissues of United Statespatents within ( i ) or ( iii ) above ; and ( v ) all foreign patent applications andpatents corresponding to any of the patent applications or patents within ( i),(ii ), ( iii ) or ( iv ) above, including, without limitation, the patents and patentapplications listed on Schedule 1.28B of the PDA . Notwithstanding anything tothe contrary, shall not include any patent applicationor patent subject to, or under which TGC received any right or license pursuantto, a Third Party Agreement