definiens: means ( i ) a Patent to which SV I has and has granted to CPI exclusive commercial rights in the Implantable Cardiac Field and which is listed on Exhibit D hereto, ( ii ) any claims of any future Patent for wh ich SVI has and has granted to CPI exclusive commercial rights in the Implantable Card iac Field, which claim and are entitled to claim ( in whole, but not in part ) prior ity to a Patent covered by the preceding clause ( i ) ( e.g., claims in a continuation - in - part Patent which require new matter for support are not Royalty Patents ), and ( iii ) any of the Billabong Patents to which SVI has and has granted to CPI exclusive commercial rights in the Implantable Cardiac Field . For the avoidance of any doubt, CPI acknowledges and ag rees that the following shall not be considere d in determining whether SVI has and has granted to CPI exclusive commercial rights in the Implantable Cardiac Field with respec t to any Patent : ( a ) any lien or security interest in such Patent ; ( b ) any rights retained by JHU under the JHU Agreements ; ( c ) to the extent the Patent was supported by federal fund ing obtained by JHU, any rights, conditions and limitations imposed by U.S. law ( inc luding any royalty - free nonexclusive license granted to the U.S. government pursuant to U.S. law and any requirement that products used or sold in the U.S. be manufactured s ubstantially in the U.S. ) ; and ( d ) any right to author, to publish and to retain or transf er copyright to scientific reports retained by SVI or SVI ’s collaborators or granted by SVI to Third Parties