definiens: means, with respect to a Party, any Person that, as of the Effective Date, is directly or indirectly controlling, controlled by, or under common control with, such Party . For purposes of this Agreement, means the ability to control the direction of the management and operations of the subject Per son, whether through ownership, contract or otherwise . Control will be presumed where a Party has ownership of 50 % or more of the outstanding voting shares of the Person . Notwithstanding anything to the contrary herein, the following Persons are not, and c annot be considered, Affiliates of Luminex for the purposes of this Agreement so long as any patent infringement litigation or royalty obligation concerning the Licensed Enzo Patents remains pending between Enzo and that Person ( or any Affiliate of that Pe rson ): Abbott Laboratories ; Abbott Molecular, Inc. ; [COMPANY], Inc. ; Agilent Technologies, Inc. ; Becton, Dickinson and Company ; Becton, Dickinson Diagnostics, Inc. ; Geneohm Sciences, Inc. ( now part of Becton Dickinson ) ; Gen -Probe, Inc. ( now part of Hologi c, Inc. ) ; Hologic, Inc. ; Illumina, Inc. ; Life Technologies Corporation ( now part of Thermo Fisher Scientific, Inc. ) ; Roche Molecular Systems, Inc