definiens: means any and all patents and patent applications Controlled by Licensor that : ( a ) are listed on Annex D of the Novated and Restated Technology License Agreement ; ( b ) are reissues, continuations, divisionals, continuations - in - part, reexaminations, renewals, substitutes, extensions orforeign counterparts of the patents and patent applications described in ( a ) and ( i ) are filed prior to the unexercised expirationor termination of the Purchase Option or ( ii ) are filed after such expiration or termination, but solely to the extent claimingKnow - How conceived and reduced to practice prior to such expiration or termination ; ( c ) contain a claim that covers an invention disclosed in an invention disclosure listed on Annex D of the Novated andRestated Technology License Agreement and ( i ) are filed prior to the unexercised expiration or termination of the PurchaseOption or ( ii ) are filed after such expiration or termination, but solely to the extent claiming such invention ; ( d ) contain a claim that covers a Symphony Allegro Enhancement and ( i ) are filed prior to the unexercised expiration ortermination of the Purchase Option or ( ii ) are filed after such expiration or termination, but solely to the extent claiming suchSymphony Allegro Enhancement ; or ( e ) contain a claim that covers a Development Product or the manufacture or use thereof and ( i ) are filed prior to theunexercised expiration or termination of the Purchase Option or ( ii ) are filed after such expiration or termination, but solely tothe extent claiming Development Product - related Know - How conceived and reduced to practice prior to such expiration ortermination