definiens: means the patent a pplications and patents listed on Schedule 1.30 hereto and all divisions, c ontinuations, continuations - in - part, applications claiming priori ty thereto, and substitutions thereof ; all foreign patent applications correspond ing to the preceding applications ; and all U.S. and foreign patents issu ing on any of the preceding applications, including extensions, reissues and re -examinations ; and any other patent rights owned by XOMA which XOMA has the righ t to license or sublicense and which would be infringed by the activities of C AT contemplated hereunder but for this Agreement . XOMA Patent Rights shall also i nclude ( i ) any improvements of the foregoing that are owned or controlled by XO MA and ( ii ) any patents or patent applications owned or controlled by XOMA con taining a claim that is dominating over the foregoing patent rights ( i.e., is necessarily in- -8- fringed by the practicing of a claim in one of the foregoing applications )