definiens: means the patent applications and patents listed on Schedule 1.9 hereto and, solely to the extent any Valid Claim would cover or be included in the license grants provided for herein, all divisions, continuations, continuations - in - part, ap­plications claiming priority thereto, and substitutions thereof ; all foreign patent applications corresponding to the preceding applications ; all u. S. and foreign patents issuing on any of the preceding applications, including extensions, reissues and re - examinations ; and any other pat­ent rights owned or licensed by DY AX, whether now existing or obtained in the future, which DY AX has the right to license or sublicense and which would be infringed by the activities of XOMA contemplated hereunder but for this Agreement . DY AX Patent Rights shall also in­clude ( i ) any improvements of the foregoing that are owned or controlled by DY AX and ( ii ) any patents or patent applications, whether now existing or obtained in the future, owned or controlled by DY AX containing a claim that is dominating over the foregoing patent rights ( Le ., is necessarily infringed by the practicing of a claim in one of the foregoing applications )