definiens: means all patents and patent applications in any country in the [COMPANY] Territory that, as of the Effective Date or at any time during the Term of this Agreement ( a ) are owned by Indevus or to which Indevus through licens e has rights in the [COMPANY] Territory from a Third Party, and ( b ) that are necessary for the use or commercialization of Product or would be infringed by the importing, marketing, offering for sale or sale of Product in any country in the [COMPANY] Territory, including ( x ) all patents that are Development Patents or License d Patents ( each as defined in the Supernus Agreement ), and ( y ) all cer tificates of invention and applications for certificates of invention, substitutions, divisions, continuations, continuations - in - part, patents iss uing thereon or reissues or reexaminations thereof and a ny and all supplementary protection certificates or the like of any such patents and current and future patent applications, including the patents and patent applications listed on Schedule 1.54