definiens: means ( i ) Accused Luminex Products sold by a third party distributor as is on a standalone basis and with no substantive modification thereto ; ( ii ) Third Party products and services that include as an eleme nt thereof any of Luminex ’s current microsphere products to which nucleic acids are or may be attached or a natural evolution thereof, Luminex ’s MultiCode isobase chemistry, or assays performed using Luminex ’s ARIES DNA / RNA extraction cassettes on Luminex ’ s ARIES instruments ( as reflected in, for example, Luminex ’s ARIES HSV 1&2 technology ) or natural evolutions thereof ; and ( iii ) any products named in Enzo ’s Infringement Contentions and Infringement Charts to Abbott Laboratories and - 2 - Abbott Molecular Inc. ( collectively ) that are accused of infringing the ‘ 197 patent in the Litigation ( ) . For the avoidance of doubt, Covered Third Party Accused Products do not include Roche ’s Elecsys ® assays