definiens: means ( a ) all Orange Book Patents, ( b ) Patents in the Territory set forth on EXHIBIT E and, with respect to thepatent applications set forth on EXHIBIT E, all Patents in the Territory issuing therefrom, and ( c ) all other Patents in the Territory Controlledby [COMPANY] during the Term that are reasonably necessary for BDSI to exercise its rights under Section 2.1 . Notwithstanding anything to thecontrary, however, [COMPANY] Patents shall not include any Patents that are owned, licensed, or otherwise controlled at any time by anyShionogi 10Acquiring Entity or [COMPANY] Acquired Entity, except to the extent such Patents were already included within the [COMPANY] Patentsimmediately prior to the date of the transaction by which such [COMPANY] Acquiring Entity or [COMPANY] Acquired Entity first became a ShionogiAcquiring Entity or [COMPANY] Acquired Entity