definiens: means any and all ( a ) Know - How Controlled by Santaris that is disclosed to Miragen under this Agreement and ( b ) Patents Controlled by Santaris as of the Effective Date or during the Term that ( i ) are necessary for the Development, [ * ] or Commerci alization of any Miragen Compound or Product and ( ii ) ( 1 ) are actually used or practiced by Miragen, its Affi liates or Su blicensees with respect to such Miragen Compound or Product prior to first dosing of the first patient in the first Phase III Clinical Trial of such Mirag en Compound or Product, or ( 2 ) at the time of first dosing of the first patient in the first Phase III Clinical Trial of such Miragen Compound or Product, are expected to be used in the further Development, [ * ] or Commercialization of such Miragen Compound or Product . Notwithstanding anything otherwise to t he contrary in the foregoing, Santaris Technology shall not include any Miragen Compound Patents or a ny LNA Platform Technology and, except as provided in Section 5.6, shall not include any [ * ]