definiens: means all patents and patent applications that areControlled during the term of this Agreement by [COMPANY] and/or its Affiliates, arenecessary or useful for the manufacture of the Product and are made by or on behalf ofDiamond or its Affiliate in the course of performing [COMPANY] 's obligations or exercisingDiamond 's rights under this Agreement, including : ( i ) all substitutions, divisions, continuations, continuations - in - part thereof and requests for continued examination of anyof the foregoing, ( ii ) all patents issued from any of the foregoing patent applications, ( iii ) allreissues, renewals, registrations, confirmations, re - examinations, extensions, andsupplementary protection certificates of any of the foregoing, and ( iv ) all foreignequivalents of any of the foregoing . For clarity, the use of in subclause ( a ) of thisdefinition shall exclude any Third Party that becomes an Affiliate due to such Third Party'sacquisition of [COMPANY] except as provided in Section 38