definiens: means all and any patents, utlllty models and any appllcations tharefor in the Territory ( other than the Emlsphere Program Patents or Joint Patents ) that are or subsequently may ba owned or Acquired by, or assigned or licensed to, [COMPANY] ( including any and all divisions, continuations, contlnuatlons - In - part, - _ extensions, additions, registrations, confirmations, reexaminations, Supplementary Protection Certificates, renewals or ralssues tharato or tharaof ) and that would be Infringed by the development, manufacture, use, disposal, sale, offer of disposal or sale, or Importation of the Product(s ) In the Territory andlor ralate to the Field ; tha Emlsphera Patents as of the date hereof are listad on Schadule I hereto ; meens all trade secrets, confidential scientific, technical end medical information and expertise developed, produced, created or Acquired by or on behalf of [COMPANY] pursuant to the Resaarch and Development Program ( other than [COMPANY] Know­How and Joint Know - How ), including, but not limited to . unpatented inventions . discoveries . theories, plans