definiens: shall mean any ( a ) patents and patent applications that are firstowned or controlled by ATHX or any of its Affiliates after the Effective Date, excluding any such patents or patentapplications that are jointly owned with [COMPANY], ( b ) pre - grant forms claiming priority to any of the foregoing, including provisionals, converted provisionals, divisionals, continuations ( in whole or in part ), ( c ) all patents issuingfrom any of the foregoing, and ( d ) all post - grant forms of any of the foregoing, including extensions, reissues orrenewals, in each case, that ( if issued ) would be infringed, but for the license granted under Sections 3.1, 3.2 and3.3, by the manufacture, research, development, distribution, promotion, marketing, use, import, offer for sale or saleof Licensed Products in the Licensed Field