definiens: shall mean : 1.32.1 1.32.2 1.32.3 Confidential those United States patents and foreign equivalents listed in Exhibit 1.32 hereto and all divisions, continuations, continuations - in - part, reissues, or extensions thereof, any periods of marketing exclusivity relating thereto ; ( i ) those United States and foreign patent applications pending as of the Effective Date that are owned by Pen west, to the extent the same would, if issued as patent(s ), in the absence of the licenses granted hereunder be infringed by [COMPANY] 's production, use, sale, offer for sale, or import of the Product as contemplated under this Agreement ; and ( ii ) subject to Section 6.7.5 hereof, any other patent rights owned or controlled and sublicense able by Pen west, to the extent the same would in the absence of the licenses granted hereunder be infringed by [COMPANY] 's production, use, sale, offer for sale, or import of the Product as contemplated under this Agreement and to the extent disclosing inventions made or discovered prior to the end of the applicable Certification Period ; and Subject to Section 6.7.5 hereof, [COMPANY] 's rights under United States and foreign patents in the Territory, if any, to the extent disclosing any of [COMPANY] 's improvements, modifications, alterations, or enhancements to any of the inventions covered by the [COMPANY] Patents that are made for or are otherwise related to or useful with the Product prior to the end of the applicable Certification Period