definiens: means, to the extent owned or Controlled by XCYTE, or owned or Controlled jointly by XCYTE and FRESENIUS : ( i ) the existing patents and patent applications li sted in Exhibit A to this Agreement ; ( ii ) any patents and patent applications covering I mprovements to the extent granted by XCYTE to FRESENIUS pursuant to Section 3.3 ; ( iii ) any future patents issued from any patent app lications referred to above and any future patents issued from a patent application filed, which corresponds to a patent or patent application identified above ; and ( iv ) any reissues, confirmations, renewals, extensi ons, all foreign counterparts ( including PCTs ), div isions, continuations - in - part ( subject to Section 3.3 ), con tinuations, patents of addition, reexaminations, or all Supplementary Protection Certificates issued, assig ned or licensed to XCYTE relating to the patents or patent applications identified above