definiens: shall mean any and all Improvements created, conceived or reduced to practice by Alimera, or its Affiliates, agents, subcontractors or sublicensees, alone or with others, or by Third Parties acting on their behalf, that are ( a ) Improvements covered by or derived from practice of the CDS Technology, and/or ( b ) ‐1‐ < PAGE > Improvements covered by or derived from the practice of the Improvements set forth in clause ( a ) ; provided, however, that Alimera Improvements shall not include any Improvement that meets each of the following : ( x ) is related specifically to an active ingredient provided by Alimera and used in the Products, ( y ) can be practiced without infringing any CDS Existing Patent Rights and any Patent Rights included within CDS Improvements, or without utilizing any CDS Know‐How, and ( z ) does not fall within the definition of the CDS Core Technology