definiens: shall mean any and all Patent Rights that are ( 1 ) set forth on Schedule 1.47 ( but excluding any s uch Patent Rights set forth on Schedule 12.3(c ) ), ( 2 ) set forth on Schedule 6.7(h ), ( 3 ) included as Intellia Ex - Vivo Patent Rights pursuant to Section 7.3(d ), o r ( 4 ) Controlled by Intellia or any of its Affiliates as of the Amendment Effective Date or at any time thereafter that ( A ) claim priority to any of the Pa tent Rights in the foregoing subclauses ( 1 ), ( 2 ) or ( 3 ) or ( B ) are foreign equivalents of any of the Patent Ri ghts in the foregoing subclauses ( 1 ), ( 2 ) or ( 3 ) . F or clarity, no Patent Rights other than those expressl y identified above will be included in this definit ion of even if such Pate nt Rights are necessary or useful to research, deve lop or commercialize, including to make, have made, use, s ell, offer for sale, or import, any [COMPANY] Ex - Vi vo Product