definiens: means all Patent Rights which are Controlled by Phannacia or its Affiliates at any time during the period commencing with the Execution Date and ending as of the time immediately prior to Closing, and all patent applications filed after the Closing that claim any inventions that were conceived prior to Closing and the rights to which are Controlled by Phannacia or its Affiliates at any time during such period ( as such Affiliates exist immediately prior to the Closing ), that would be infringed by the manufacture, use, importation, offer for sale or sale of Licensed Product, or any component thereof, in the Field in the absence of this Agreement, but excluding the Nastech Patents . Phannacia Patents shall include the Joint Patents to the extent Controlled by Phannacia . For clarity, for purposes ofthis definition of, neither Pfizer nor any of its Affiliates ( as they were constituted immediately prior to the Closing ) shall be considered Affiliates of Ph anna cia