definiens: means any and all patents and patent applications filed in the Territory as of the Effective Date which are owned by or licensed to [COMPANY] with the right to sublicense, and which claim the product known as Captisol -enabled ® Amiodarone ( and all polymorphs and active metab olites of amiodarone known by [COMPANY] ( or its agents ) as of the Effective Date ) for claimed uses in [ * * * ] and the developing, marketing, commercializing, manufacturing, making, having made, using, distributing, selling, offering for sale, importing or export ing thereof ; together with all patents that in the future issue therefrom in any country of the Territory, including utility, model and design patents and certificates of invention and all continuations, continuations -in - part, reissues, re -examinations, re newals, extensions, substitutions, confirmations or additions to any such patents and patent applications, extensions, divisionals, improvements as of the Effective Date, ancestors, descendents and foreign counterparts of any of the foregoing, whether or n ot pending on the Effective Date, and including, without limitation, any other application ( U.S. or foreign ) claiming priority from or through any of the foregoing . For the avoidance of doubt, the Patents include, as of the Effective Date, but are not limi ted to, the patents and patent applications set forth on Exhibit A