definiens: means any Patent ( other than a Joint Patent ) that ( a ) is Controlled by [COMPANY] or itsAffiliates as of the Effective Date or at any time during the Term ( other than as a result of a license or assignmentfrom ITI ), and ( b ) claims the composition of matter, manufacture or use of one or more Compounds or Products orthat would otherwise be infringed, absent a license, by the manufacture, use or sale of any Compound or Product . Forclarity, the use of in this definition shall exclude any Third Party that becomes an Affiliate after the EffectiveDate due to an acquisition by such Third Party or its Affiliate of [COMPANY] ( that is, a parent company of [COMPANY] or anAffiliate of such parent company ), subject to the terms of Section 15.5 . For clarity, the [COMPANY] Patents do not includeany Assigned Patents