definiens: shall mean any and all Patent Rights with respect to which [COMPANY] and/or [COMPANY], during the p eriod of time commencing on December 27, 1999, and ending on the last day of th e Term, possess rights, whether directly or indirectly, whether by ownershi p, license, contract or otherwise, to assign or grant a license, sublicense or other right, and which Patent Rights ( a ) cover the composition or use of a ny mouse containing both a human immunoglobulin transgene and a human immunogl obulin transchromosome, and that do not cover any mouse containing a human immu noglobulin transgene but not a human immunoglobulin transchromosome or any mouse containing a human immunoglobulin transchromosome but not a human immu noglobulin transgene, ( b ) are necessary for the use of any mouse described in cla use ( a ) above, or ( c ) are necessary for the Exploitation of any Antibody orig inally obtained, identified, isolated or derived from any mouse described in cla use ( a ) above, or an Antibody Product containing such Antibody, but excluding all ( i ) Excluded Claims ; and ( ii ) Patent Rights in - licensed by [COMPANY] or [COMPANY] from a Third Party after the Effective Date . For the avoidance of doubt, patent claims within the Patent Rights that are specifically directed to FcaRII - KO mice and/or mice produced by breeding any mice with FcaRII - KO mice, which contai n both a human immunoglobulin transgene and a human immunoglobulin transchromosom e shall be deemed within the KM Patent Rights . A list of the KM Patent Rights kn own to both Parties as of the Effective Date is attached as Exhibit G hereto, and the Parties agree to update such list from time to time to reference any and al l other Patent Rights comprising KM Patent Rights ( as defined in the prev ious two sentences ) . For the purpose of this Section 1.138, a shall mean a gene ( or genes ) that is foreign to the host organism and is inserted and physically integrated into the host genome DNA, and a shall mean a chromosome, chromosomes, a fragment or fragments thereof, or a vector or vectors derived therefrom, comprising at least one set of telomere and centromere sequences, which sequences enable autonomous replication in th e host cell, and is distinct from, noncontiguous with, and is not inserted into the host genome DNA