definiens: shall mean any and all claims in patents and pate nt applications ( which for the purpose of this Agreement shall be deemed to in clude certificates of invention and applications fo r certificates of invention ) in the Territory which c laims meet all of the following criteria : ( i ) they are Controlled by PROTIVA ; and ( ii ) they are in patents or patent applications which we re filed on or before, or claim priority back to a date on or before, the Anniversary Date, including divisionals, continuations, continuations - in - part, reissues, renewals, substitutions, registrati ons, re - examinations, revalidations, extensions, supplementary protection certificates, and the like of any such patents and patent applications, and foreign equivalents of the foregoing, including, but not limited to, those listed on Sche dule 1.29 ; provided, however, that the PROTIVA Patent Rights will not include any claims in patent s or patent applications, or rights with respect th ereto, that are : ( x ) both ( a ) not listed on Schedule 1.29 and ( b ) Co ntrolled by PROTIVA by reason of a license or other right granted to PROTIVA by Alnylam Pharmaceuticals, Inc., under any agreement or agreements, whether dated prior to, on, or following the Effect i ve Date or by reason of a license or other right granted to PROTIVA by Tekmira Pharmaceutical Corpor ation after the Effective Date ; or ( y ) to a specific Compound against a target and the subject matter of the claim(s ) was first contained in an application with a filing date after the Effecti ve Date ; or ( z ) claims that were first contained in, or that ar e derived from and claim priority to [ * ]