definiens: means the patent applications and patents listed on Schedule 1.17 hereto and, solely to the e xtent any Valid Claim would cover or be included in the license grants provided for herein, all divisions, continuations, continuations - in - part, applications claiming priority thereto, and substitutions thereof ; all foreign patent appli cations corresponding to the preceding applications ; all U.S. and foreign patent s issuing on any of the preceding applications, including extensions, reiss ues and re - examinations ; and any other patent rights owned by XOMA which XOMA ha s the right to license or sublicense and which would be infringed by the acti vities of MORPHOSYS contemplated hereunder but for this Agreement . XOMA Patent Rights shall also include ( i ) any improvements of the foregoing that are owned or controlled by XOMA and ( ii ) any patents or patent applications ow ned or controlled by XOMA containing a claim that is dominating over the fore going patent rights ( i.e., is necessarily infringed by the practicing of a claim in one of the foregoing applications )