definiens: means : ( a ) the Patents set out in annexure 8, which shall include all existing Patents licensed under the Monash License or the Aerux DDS License, ( b ) all continuing patent applications in the Territory based on any Patent in clause ( a ) above ( including any divisionals, continuations, and eontinuations - in - part ) ; ( c ) all Patents that issue based on any Patent in clause ( a ) or ( b ) above, and including all re - issues, extensions, substitutions, confirmations, re - registrations, re - validations, patents of addition, and supplementary certificates ( or equivalents thereof ) of any such Patent ; and ( d ) all additional Patents in the Territory that are Controlled by [COMPANY], Acrux DDS Pty Limited, an Acrux Controlled Affiliate, or any other Affiliate of [COMPANY] at any time during the term of this Agreement and that claim or cover an MDTS product, or any portion thereof : or the manufacture or usc of an MDTS product or portion thereof, in the Field . For purposes of this definition, Patents that meet, at some time during the term of the Agreement, the requirement of subclause ( d ) above shall not be excluded from this definition simply because a particular Acrux Controlled Affiliate ( that Controlled such Patent ) no longer is an Affiliate of Acrux I, td ., and including continuing patent applications in the Territory based on such Patents in clause ( d ) above ( including any divisionals, continuations, and eontinuations - in - part )