definiens: means any existing or future(~ ) patent application or issued patent owned or possessed ( byl ~ cense or otherwise ) by Cephal on containing a claim that wouldbe infringed by the manufacture, use or sale.of a Product in theTerritory, including any addition, continuation, continuation - in - part, division, extension or renewal thereof, ( ii ) TechnicalInformation owned or possessed ( by license or otherwise ) by'Cephalon, ( iii ) the rights of [COMPANY] in and to any Trademark, and ( iv ) all rights of [COMPANY] in and to Joint Technologyrelated to a Product ; in each case, to the extent [COMPANY] hasthe right to license or sublicense any such right . The term shall not include the SIBIA Rights, unlessotherwise agreed in writing by [COMPANY] and either [COMPANY] or theJV pursuant to Section 5.5 hereof