definiens: shall mean claim(s ) of ( a ) a Patent that is owned or Controlled by [COMPANY] which arenecessary or useful for [COMPANY] to develop for manufacture, manufacture, and distribute an A1PI concentrate preparedfrom human plasma derived Cohn fraction IV-1 for intravenous administration, and that has not ( i ) expired or beencanceled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropriate bodyof competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer, or otherwiseor ( iv ) been abandoned ; or, ( b ) a Patent Application that is owned or Controlled by [COMPANY] that is intended to resultin a Patent that would be in the definition in ( a ) above . An initial list of [COMPANY] Licensed Patent Rights is attached asExhibit 1.39 to this Agreement