definiens: means any of the following : ( i)the Patent Rights listed in Exhibit 1.85 hereto ; ( ii)any other Patent Rights Controlled by Atara or any of its Affiliates as of the Effective Date or at any timeduring the term of this Agreement, that cover the Atara Cell Therapeutic(s ) and / or Licensed Product(s)comprising an Atara Cell Therapeutic, including the development, manufacture and / or commercializationthereof, but excluding ( a ) Patent Rights only Controlled through the MOFFITT Upstream Licenses and ( b)Patent Rights constituting New Technology ; and Page 9 ( iii)any Patent Right Controlled by Atara or any of its Affiliates belonging to the same patent family of thePatent Rights included in clauses ( i ) and ( ii ), whether existing at the Effective Date or thereafter, includingany Patent Rights filed from or claiming the same priority of the Patent Rights included in clauses ( i ) and(ii ) in any country or region of the Territory