definiens: means : ( a ) the egg sphingomyelin patents assigned by the BCCA to INEX ; and ( b ) any and all counterparts of the foregoing, incl uding all divisionals, provisionals, non - provisionals, and continuations, and all patents is suing on any of the foregoing and any foreign counterparts thereof, together with all reg istrations, reissues, re - examinations, supplemental protection certificates, additions, re newals or extensions thereof and any foreign counterparts thereof ; that are subject to the rights of : ( c ) the BCCA ( including royalty rights ) under the t erms and conditions of the BCCA Ag reements ; ( d ) INEX ( including milestone, Licensing / Sublicensi ng Revenue and royalty rights ) under the terms and conditions of this Agreement ; and ( e ) Aradigm under the terms and conditions of the Aradi gm License