definiens: shall mean only those claims in Patent Rights within the [COMPANY] Patent Rights in existence on thetermination of the Discovery Program, including the Tail Period, which would be infringed by the making, using, developing, selling, or importing of ( a ) any Licensed Refused [COMPANY] Candidate ( * * * * * * * * * * * * * * * * * * * * * * * * * ), ( b ) any SanofiDivested Antibody ( * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ), ( c ) any Failed MTC as referred to in Section 2.11(c ) or * * * * * * * * * * * * * * * * * as referred to in Section 2.11(b ), ( d ) any [COMPANY] Regulatory Divested Antibody ( * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ), ( e ) in thecase of Section 12.8, any Antibody ( including any MTC ) discovered in the Discovery Program against a Program Target ( * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ), or(f ) any MTC ( and, if applicable, any other Antibody ) referred to in Section 12.11(b ) ( * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ), as the case may be . For the avoidance of doubt, the parenthetical references in ( a ), ( b ), ( d),(e ), and ( f ) above are included to limit the Patent Rights * * * * * * * * * * * * * * * * * * * * * * * * * * to only those Patent Rights that would * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . These parenthetical references do not limit other Patent Rights included in this definition