definiens: means, with respect to the Territory, ( a ) the Initial Licensed Patents ; ( b ) any additions, divisionals, continuations, continuations - in - part, conversion, supplemental examinations, extensions, termrestorations, registrations, re - instatements, amendments, reissuances, corrections, substitutions, re - examinations, revalidations, supplementary protection certificates, and renewals of the Initial Licensed Patents in the Territory ; ( c ) allpatents issuing in the Territory from any of the Patents mentioned in clause ( a ) or ( b ) above ; and ( d ) all PatentsControlled by BDSI in the Territory Covering or otherwise claiming any Licensed Improvement ; provided that, notwithstanding anything to the contrary, Licensed Patents shall not include any patents or patent applications thatare owned, licensed, or otherwise controlled at any time by any Acquiring Entity or Acquired Entity, except to theextent that they were already included within the Licensed Patents immediately prior to the date of the transaction bywhich such Acquiring Entity or Acquired Entity, respectively, first became an Acquiring Entity or Acquired Entity, respectively