definiens: means ( i ) those certain patents, patent applications and invention disclosuresowned or controlled by BESA or any of its Affiliates as of the Original Effective Date or during the term of thisRestated Agreement, any claims of which are directed to or cover Biolimus A9, BESA ’s Polymer Coating, orBESA ’s Drug / Polymer Composite Formulation, or the use thereof, all of which filed as of the Original EffectiveDate are set forth on Exhibit 1.17, ( ii ) all patents that are continuations - in - part, substitutions, confirmations, divisionals, reissues, registrations, re - examinations, revalidations, extensions, foreign counterparts or areotherwise based on or claim priority to the patents, patent applications and invention disclosures referred to insubsection ( i ) hereinabove ; and ( iii ) all patents and patent applications covering, disclosing or directed to theLicensed Know - How, but in the case of each of ( i ) and ( ii ) above, only to the extent that claims or portions ofclaims cover or are directed to BESA ’s Drug / Polymer Composite Formulation, Biolimus A9 or BESA ’s PolymerCoating or the use of any of the foregoing, and specifically excluding any embodiments of a patented claimthat are directed to or cover Excluded Technology and are not directed to or do not cover ( i ) or ( ii ) above