definiens: means ( a ) the patents and patent applications listed in Exhibit A ( [COMPANY] Random Array Patents ) ; ( b ) any and all patents issuing or claiming priority from any of the patents and patent applications listed in Exhibit A ( [COMPANY] Random Array Patents ), includin g continuations, continuations -in - part, divisionals, reexaminations, and reissues thereof ; ( c ) foreign counterparts of the patents and patent applications listed in Exhibit A ( [COMPANY] Random Array Patents)and described in clause ( b ) ; ( d ) any and all patent s and patent applications ( i ) that are owned by [COMPANY] or any of its Affiliates at any time during the Capture Period, ( ii ) that are based upon inventions made, conceived, or reduced to practice since December 4, 2004 or during the Capture Period, and ( ii i ) that claim or relate to the Field of Use and ( e ) [COMPANY] Improvement Patents ( as defined in Section 3.1 ( Improvements Made by [COMPANY] ) ) in the Field of Use . [COMPANY] Random Array Patents do not include [COMPANY] Patents and do not include [ * ] Patents