definiens: means : ( i ) all U.S. and Canadian patents and patent applications Controlled by BIAL as of the Effective Date, covering the manufacture, use, import, offer for sale, and sale of the Licensed Products, including, without limitation, the patents and patent applications listed in Exhibit A ; ( ii ) any U.S. or Canadian divisional, substitution, continuation, or continuation - in - part applications based on, directly or indirectly, relying for priority on, or having identical disclosure as, any of the U.S. or Canadian patent or patent applications in ( i ) ; ( iii ) any patent issuing from any of the applications in ( i ) or ( ii ) ; and ( iv ) any extensions, reissues, or reexaminations of any of the patents in ( i ) and/or ( iii ) . BIAL Patents also include any Development Intellectual Property created by BIAL solely or jointly with SEPRACOR or that otherwise come under BIAL 's Control during the Term of this Agreement covering the manufacture, use, import, offer for sale or sale of the Licensed Products . BIAL agrees to update Exhibit A from time to time with additional Development Intellectual Property created by BIAL solely or jointly with SEPRACOR or that otherwise come under BIAL 's Control during the 3 US I DOCS 6529977v2 Tenn of this Agreement covering the manufacture, use, import, offer for sale or sale of the Licensed Products