definiens: shall mean all patents ( whether issued prior to or after the Effective Date),other than the Licensed Patents, Excluded Patents, and Encumbered Patents, that ( i ) are owned or co - owned as of theAmendment Effective Date by [COMPANY] or a subsidiary of [COMPANY], or ( ii ) are issued after the Amendment Effective Dateand claim priority to a patent or patent application owned or co- owned as of the Amendment Effective Date by [COMPANY] ora subsidiary of [COMPANY], or ( iii ) but for the March 26, 2009 acquisition of [COMPANY] by Roche would have been owned orco - owned as of the Amendment Effective Date by [COMPANY] or a subsidiary of [COMPANY], or ( iv ) are issued after theAmendment Effective Date and claim priority to a patent or patent application that but for the March 26, 2009 acquisition ofGenentech by Roche would have been owned or co - owned as of the Amendment Effective Date by [COMPANY] or a subsidiaryof [COMPANY] ; and that, in each of cases ( i ), ( ii ), ( iii ), and ( iv ), would be infringed by any activity licensed under Section 2.01but for the license granted under Section 2.02