definiens: shall mean all of the Patents under the Control ofTibotec or any of its Affiliates as of the Effective Date or at any time during the term of this Agreement that ( a ) relate to TMC278 ( as a stand - alone or combination product ) or the use thereof and, in the absence of the licenses granted by Tibotec to [COMPANY] in Section 9.I(a ) and assuming that the TMC278 included in the Combination Product was not supplied by Tibotec, would be necessary for the Exploitation ofthe Combination Product by [COMPANY] in any country in the world or ( b ) cover or claim Information and Inventions that are made available by Tibotec or its Affiliates to [COMPANY] or its Affiliates in the course of the performance of this Agreement, the MTA or any Ancillary Agreement, but excluding any and all Joint Patents . A list of certain Tibotec Patents existing as of the Effective Date is attached hereto as Annex B-2