definiens: shall mean any and all technology and rights of [COMPANY], or in which [COMPANY] or any of its Affiliates, licensees or sublicensees otherwise has any rights or interests during the term of this Agreement ( to the extent that Pen west has the right to license the same to [COMPANY] ), to the extent the same are improvements, modifications, alterations, or enhancements to any of the inventions covered by the [COMPANY] Technology, [COMPANY] Product Technology, or Oxymorphone and to the extent made or discovered, or disclosing inventions made or discovered, prior to the end of the Certification Period, together with all United States and foreign intellectual property and other rights and interests of [COMPANY] and its Affiliates, licensees and sublicensees thereto and therein ( to the extent that [COMPANY] has the right to license the same to [COMPANY] ), including without limitation patents, trade secrets, copyright, periods of market exclusivity, and other related rights or interests