definiens: means any Patent Right as and to the extent subsisting and as and to the extentControlled by [COMPANY] or its Affiliates as of the Effective Date or at any time during the Term having issued claims that, orpending claims that if issued, would be infringed by an unlicensed Third Party ’s Manufacture, use, sale, importation, Development or Commercialization of the Compound or any Product . For the purposes hereof, the [COMPANY] Patent Rightsinclude the [ * ] Patent Rights, the [ * ] Patent Rights and the [ * ] Patent Rights, and shall continue to include such Patent Rightseven if the underlying Third Party Agreement by which [COMPANY] obtains any such Patent Rights is assigned to [COMPANY] or to aSalix Affiliate . For the avoidance of doubt, the calculation of the Royalty Period shall not be affected by such an assignmentof any such Third Party Agreement . For the purposes hereof, does not include Wyeth CollaborationPatent Rights, Wyeth Collaboration Joint Patent Rights, Ono Collaboration Patent Rights, Ono Collaboration Joint PatentRights, [COMPANY] ’s interest in Joint Patent Rights or Patent Rights Controlled by a Controlling Third Party to the extent suchControlling Third Party ’s Patent Rights were Controlled by such Controlling Third Party ( and not by [COMPANY] ) prior to thecompletion of the transaction or series of related transactions through which a Third Party became such Controlling ThirdParty . [COMPANY] Patent Rights in the Territory as of the Effective Date are identified on Schedule 9.2(a)(i )