definiens: shall mean all technology, trade secrets, know - how, methods of treatment, documents, materials, tests, all improvements thereto, and all proprietary information pertaining to the compound B - L - FD4C ( 2 ', 3'-dideoxy-2 ', 3 ' -didehydro - B - L-5 - fluorocytidine ) or any 5'-or N4 derivatives or prodru . " 'S thereof, in each case either ( a ) owned or controlled by Emory as of the Effective Date or ( b ) owned or controlled by Emory and covered by any patent or patent application described in the immediately following sentence, other than the combination of B - L - FD4C with ( i ) FTC ( 2 - hydroxymethyl-5-(5 - fluorocytosin-1 - yl)-1,3 - oxathiolane ) or ( ii ) 3TC ( 2 - hydroxymethyl-5-(cytosine-1 - yl)-1,3 - oxathiolane ) or ( iii ) other compounds on which Emory holds composition of matter patent rights ( each such other compound an ) . Emory Subject Technology shall specifically include claims to the extent they relate to P - L - FD4C in U.S. Patent No . 5,703,058, which issued on December 30, 1997, entitled " Compositions Containing 5 - Fluoro-2 ', 3 ' -didehydro-2 ', 3 ' -dideoxycytidine or a Mono-, Di-, or Triphosphate thereof and a Second Antiviral Agent " together with all claims to the extent they relate to P - L - FD4C in patent applications and patents claiming priority from U.S. Patent No . 5,703,058 owned or controlled by Emory whether in the U.S. or any other country and all substitutions, divisions, continuations, continuations - in - part, renewals, reissues, reexaminations and extensions on such patent applications and patents, whether owned or controlled by Emory as of the Effective Date or thereafter . A list of Emory 's U.S. and foreign patent applications and patents claiming Emory Subject Technology ( ) as of the Effective Date is provided in the Attachment . Any patent application or patent claiming Emory Subject Technology that is owned or controlled by Emory as of the -3 - USIDOCS 5589577vl Effective Date and is, through inadvertence or otherwise, not listed in the Attachment shall nonetheless be deemed to be included in such Attachment . For avoidance of doubt, it is hereby confirmed that no license, right or immunity is granted by Emory to make, import, use, sell or offer to sell P - D - D4FC ( P - D-2 ', 3 ' -dideoxy-2 ', 3'-didehydro-5 - fluorocytidine ) or any 5'-or N4 derivatives or prodrugs thereof owned or controlled by Emory or to make, import, use, sell or offer to sell P - L - FD4C in physical combination with any Emory Compound, wherein physical combination means a pharmaceutical product in any dosage form that contains P - L - FD4C and an Emory Compound