definiens: shall mean all patents owned by or licensed to Galephar, and for which Cipher or any of its Afﬁliates has a licence from Galephar, ( i ) which have issued as of the Effective Date or ( ii ) which issue at any time from applications pending as of the Effective Date, or from applications subsequently filed during the Term of this Agreement, which ( in the case of both ( i ) and ( ii ) ) claim inventions necessary or useful for the Manufacture, use, import or Marketing of the Product, including any continuation . division, continuation - impart, and any provisional applications, and which 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 - examinations, reissues or renewals of such patents . Schedule B lists, as of the Effective Date, all such Patents that have issued and pending applications and Schedule B shall be amended from time to time to include patents or applications owned by or licensed to Galephar and licensed to Cipher or one or more of its Afﬁliates to the extent they claim inventions necessary or useful for Manufacturing, use, import, or Marketing of the Product within the Territory or an amendment to any Product Patents