definiens: means [COMPANY] ’s Patent Applications listed in Appendix A ; any U.S. or foreign patent application corresponding orclaiming priority to or common priority with any of the foregoing, and any conversion, divisional, continuation, substitution orreexamination application thereof, each patent application that claims priority to any of the foregoing, and each patent that issues orreissues from any of these patent applications . Any claim of an unexpired Licensed Patent is presumed to be valid unless it has beenheld to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken . excludes any continuation - in - part ( CIP ) patent application or patent except as otherwise agreed in writing by the Parties in anamendment to this Agreement . Neither party shall file or authorize any other entity to file a CIP of any Licensed Patent without thewritten approval of the other Party, except that [COMPANY] may file a CIP if the subject thereof, as filed and prosecuted, is and remainsapplicable solely outside the Licensed Field of Use