definiens: shall mean ( a ) the United States and foreign patents and pate nt applications listed in Exhibit 1.11A, ( b ) any Paten t Rights arising from those patents and patent appl ications during the Term, ( c ) any other patents or patent ap plications Controlled by [COMPANY] as of the Effectiv e Date, a Valid Claim of which, absent the licenses granted b y [COMPANY] to Alimera under Section 4.1, would be in fringed by the making, having made, using, selling, offerin g to sell or importing of a Product in the Collabor ation Field by Alimera or its subcontractors or sublicensees as permitted under this Agreement, and ( d ) any other patents or patent applications Controlled by [COMPANY] as of the Amendment Effective Date, a Valid Claim of which, absent the licenses granted by [COMPANY] to Alimera under Se ction 4.1, would be infringed by the making, having made, using, selling, offering to sell or importing of IL UVIEN for uveitis in the Collaboration Field by Ali mera or its subcontractors or sublicensees as permitted under t his Agreement ; provided, however, that [COMPANY] Exis ting Patent Rights shall in no event include the patents and patent applications listed in Exhibit 1.11B or any Patent Rights arising from those patents or patent applica tions