definiens: shall mean any and all patents, both foreign and domestic, which have not been held invalid or unenf orceable by a court of competent jurisdiction from which no appeal has bee n or can be taken, including without limitation all substitutions, extensions, r eissues, renewals, supplementary protection certificates and inventors ' certificates, ( a ) which ( i ) are issued as of the Effective Date, or ( ii ) subseq uently issue from applications ( including divisionals, continuations and continuations - in - part ) pending as of the Effective Date, or ( iii ) issue fr om any such applications subsequently filed on inventions made as of the Eff ective Date, ( b ) which [COMPANY] owns, controls or has a license to ( with th e right to sublicense ), and ( c ) which relate to the development, manufacture, u se and sale of the Products or the Program Assays