definiens: means all patents owned by or licensed to Galephar, and for which Cipher or any of its Affiliates has a license from Galepha r, ( i ) which have issued as of the Effective Date o r ( ii ) which issue at any time from applications pending as of t he Effective Date, or from applications subsequentl y filed during the Term of this Agreement, which ( in the ca se of both ( i ) and ( ii ) ) claim inventions necessary or useful for the Manufacture, use, import or Marketing of th e Product, including any continuation, division, co ntinuation - in - part, and any provisional applications, and whic h patents have not expired or been held invalid or unenforceable by a court of competent jurisdiction in a final, non - appealable decision, including all substitutions, extensions, registrations, confirmations, re - examin ations, reissues or renewals of such patents . Sched ule B lists, as of the Effective Date, all such Patents that hav e issued and pending applications and Schedule B sh all be amended from time to time to include patents or app lications owned by or licensed to Galephar and lice nsed to Cipher or one or more of its Affiliates to the exte nt they claim inventions necessary or useful for Ma nufacturing, use, import, or Marketing of the Product within the Territory or an amendment to any Product Patents