definiens: shall mean ( a ) the United States and foreign patents and patent applications listed in Exhibit 1.11A, ( b ) any Paten t Rights arising from those patents and patent appl ications during the Term, and ( c ) any other patents or paten t applications Controlled by CDS as of the Effectiv e Date, a Valid Claim of which, absent the licenses granted b y CDS to Alimera under Section 5.1, would be infrin ged by the making, having made, using, selling, offering t o sell or importing of a Product in the Collaborati on Field by Alimera or its subcontractors or sublicensees as pe rmitted under this Agreement ; provided, however, th at CDS Existing Patent Rights shall in no event include th e patents and patent applications listed in Exhibit 1.11B or any Patent Rights arising from those patents or patent applications