definiens: means ( a ) those Patents set forth on Schedule 1.40 attached hereto ( the ) ; ( b ) any other Patents that are Controlled by MP or any Affiliate 18406.115 - 901937 vi 6 Exeeution Copy thereof as of the Effective Date, or come under MP 's or any of its Affiliates ' Control following the Effective Date and, solely in the case of Patents included under this . .clause ( b ) through the application of the following clauses ( ii ), ( iii ), and ( iv ), prior to the Improvements Date, and Cover ( i ) any of the subject matter described in or Covered by the Initial MP Patents and pertaining to the manufacture or synthesis of the Compound or a Product, ( ii ) the Compound, ( iii ) any Product, or ( iv ) the use, manufacture, or synthesis of the Compound or a Product ; ( c ) any divisionals, continuations, continuations - in - part, conversion, extensions, tenn restorations, registrations, re - instatements, amendments, reissuances, corrections, substitutions, re­examinations, registrations, revalidations, supplementary protection ce11ificates, renewals, and foreign counterparts of any Patents described in clause ( a ) or ( b ) above, and any other Patents Controlled by MP or any Affiliate thereof claiming priority to any of the foregoing or any of the Patents referenced in clause ( a ) or ( b ) above ; ( d ) all patents issuing from any of the Patents mentioned in clause ( a ), ( b ), or ( c ) above and any foreign counterparts of any such Patents ; and ( e ) any MP Improvement Patents included in pursuant to Section 8.2 of this Agreement