definiens: means ( a ) all patents and patent applications in the Territory Controlled by [COMPANY] as of the Effective Date that claim or cover a Solodyn Product or the manufacture or use of a Solodyn Product, ( b ) all divisions, continuations and continuations - in - part ( solely to the extent directed to subject matter disclosed in a patent or patent application described in clause ( a ) above ) that ( i ) claim priority to, or common priority with, the patent applications described in clause ( a ) above or the patent applications that resulted in the patents described in clause ( a ) above and ( ii ) claim or cover a Solodyn Product or the manufacture or use of a Solodyn Product, and ( c ) all patents that issue after the Effective Date from any of the foregoing patent applications, including utility, model and design patents and certificates of invention, together with any reissues, renewals, extensions or additions thereto, [ provided that each such patent claims or covers a Solodyn Product or the manufacture or use of a Solodyn Product ; further provided that the foregoing shall not apply to any patent or patent application that ( 1 ) is Controlled by an entity that becomes an Affiliate of [COMPANY] as a result of such entity 's or its Affiliate 's acquisition of [COMPANY] and ( 2 ) was Controlled by such entity prior to such acquisition ]