definiens: shall mean any ( a ) patents and patent applications thatare owned or controlled by ATHX or any of its Affiliates as of the Effective Date and are pending or issued anywherein the Territory, ( b ) pre - grant forms claiming priority to any of the foregoing, including provisionals, convertedprovisionals, divisionals, continuations ( in whole or in part ), ( c ) all patents issuing from any of the foregoing, and(d ) all post - grant forms of any of the foregoing, including extensions, reissues or renewals, in each case, that ( ifissued ) would be infringed, but for the license granted under Sections 2.1, 2.2 and 2.3, by the manufacture, research, development, distribution, promotion, marketing, use, import, offer for sale or sale of Licensed Products inthe Licensed Field . ATHX MultiStem Background Patents owned or controlled by ATHX as of the Effective Dateinclude the patents as listed in Schedule 1