definiens: shall mean ( a ) Patents with claims or portions thereof, to the extent directed to any Invention that is HepDirect Technology or Collaboration Compound or a method of making or using HepDirect Technology or a Collaboration Compound, where such Patents are Controlled by Metabasis as of the Effective Date, and ( b ) Patents with claims or portions thereof, to the extent directed to any Invention that is HepDirect Technology or a method of making or using HepDirect Technology, where such Invention first becomes Controlled by Metabasis during the Research Tenn ( provided that any such Patent with the same disclosure as a Patent described in subsection ( a ), such as a renewal, division, continuation ( in whole ), or request for continued examination ( RCE ), reissue, reexamination or the like, will be included in subsection ( a ) rather than subsection ( b » . Notwithstanding the foregoing, subsection ( b ) · does not include any claims of such Patents or portions thereof to the extent directed to any such Invention that is a Collaboration Compound or a method of making or using a Collaboration Compound . For purposes of clarity, Metabasis Patents do not include Idenix Patents . The Metabasis Patents existing on the Effective Date are listed on Exhibit D