definiens: means any patent or patent application, including, without limitation, any patents or patentapplications covering Developed Technology in which BDSI has an ownership interest pursuant to Section 9.2, in theTerritory that is Controlled by BDSI at any time during the Term and that claims or would otherwise be infringed by theProduct, including, to the extent included therein, the BEMA Technology, or the Manufacture or use of Product, in the Field, and, to the extent covering the Product, any provisional, continuation, divisional, continuation in part application, substitution, reissue, renewal, reexamination, protection certificate, extension, registration and confirmation of any suchpatent or patent application, provided that, notwithstanding anything to the contrary, BDSI Patents shall not include anypatents or patent applications that are owned, licensed, or otherwise controlled at any time by any Acquiring Entity orAcquired Entity, or come under the Control of BDSI pursuant to a transfer or assignment to BDSI from any Acquired Entity(collectively, all such Patents, the ), except to the extent such Acquired Patents were already includedwithin the BDSI Patents immediately prior to the date of the transaction by which such Acquiring Entity 3Confidential Treatment Requested by [COMPANY] Sciences International, Inc