definiens: means, with respect to any Know - How, Patent or ot her intellectual property right, possession ( by means of ownership or license ) by a Party, directly or through an Affiliate ( oth er than pursuant to this Agreement ), where the Party has th e right to grant a license or sublicense as provide d for in this Agreement . Any Patent, Know - How or other intellectu al property right that is licensed or acquired by a Party following the Effective Date and that would otherwi se be considered to be under the Control of a Party shall not be deemed to be under the Control of such Party if the application of such definition in the context o f any licenses or sublicenses granted to the other Party under this Agreement would require the granting Par ty to make any additional payments or royalties to a Third Par ty in connection with such license or sublicense gr ants, unless the other Party agrees to pay the additional paymen ts or royalties to the Third Party 1.24 means, with respect to a particular item and a pa rticular Patent, that such Patent claims ( as opposed to merely disclosing ) directly o r indirectly : ( a ) the composition of such item, any of its ingredients or formulations or any product containi ng or that is made using such item ( by virtue of su ch product containing or being made using such item ) ; ( b ) a me thod of making or using any of the foregoing things referred to in ( a ) ; and/or ( c ) an item used or present in th e manufacture of any of the foregoing things referr ed to in ( a ) ( for example, with respect to a biologic, any v ector, plasmid or cell line used to manufacture suc h product or item or any ingredient in either of them )