definiens: means the United States Patent Nos . 7,589,106 and 7,687,516, and any United States patents resulting from any continuation, continuation - in - paIi, divisional, reissue or reexamination thereof, and [ any other eurrent or future United States or foreign patents or patent applications owned or controlled ] by Eagle or its subsidiaries [ now or in the future ], whose claims cover the making, having made, using, marketing, promoting, offering for sale, selling, having sold, distributing or importing of the [ [COMPANY] ANDA Product ( or its active pharmaceutical ingredient ) ], including but not limited to [ such patents as may now or hereafter be listed in the FDA Orange Book with regard to the Eagle BraIlded Product ] . For the avoidance of doubt, [ such licensed patents shall include any patent subjeet to inter paIies review aIldJorpost - graIlt review ] as provided for in the America Invents Act