definiens: shall mean the patents that are Controlled by Nerviano or its Affiliates as of the Effective Date or atany time during the term of this Agreement and are ( a ) the patents and patent applications listed on Exhibit 1.28, ( b ) allpatents and patent applications in any country of the world that claim or cover either or both of the APIs, or the manufactureor use thereof, and in which Nerviano heretofore or hereafter has an ownership or ( sub)licensable interest, ( c ) all divisions, continuations, continuations - in - part, that claim priority to, or common priority with, the patent applications described inclauses ( a ) and ( b ) above or the patent applications that resulted in the patents described in clauses ( a ) and ( b ) above, and(d ) all patents that have issued or in the future issue from any of the foregoing patent applications, including utility, modeland design patents and certificates of invention, together with any reissues, renewals, extensions or additions thereto