definiens: means any United States and foreign patent application and any divisional, continuation, or continuation - in - part of such patent application ( to the extent the claims are directed to subject matter specifically described therein ), as well as any patent issued thereon and any reissue or reexamination of such patent, and any foreign counterparts to such patents and patent applications . means Patent Rights that are either ( i ) assigned solely to [COMPANY], ( ii ) assigned jointly to [COMPANY] and a party other than [COMPANY], or ( iii ) licensed to or otherwise controlled by [COMPANY], in each case to the extent that [COMPANY] has the ability to license or sublicense such rights as required under this Agreement without payment to or the consent of a third party . means Patent Rights that are either ( i ) assigned solely to [COMPANY], ( ii ) assigned jointly to [COMPANY] and a party other than [COMPANY], or ( iii ) licensed to or otherwise controlled by [COMPANY], in each case to the extent that [COMPANY] has the ability to license or sublicense such rights as required under this Agreement without payment to or the consent ofa third party . means Patent Rights assigned to both ArQuie and [COMPANY] as joint owners . Joint Patent Rights will include ( i ) Patent Rights claiming Joint Technology and ( ii ) Patent Rights claiming both ArQuie Technology and [COMPANY] Technology in a single filing