definiens: means all Patents that [COMPANY] Controls as of the Effective Date or during theTerm that : ( i ) would, but for the License, be infringed by the manufacture, use sale, offer for sale or importationof a Compound, alone or as incorporated into a Product, or a Product ( excluding any activeingredient that is not a Compound ), but are neither [COMPANY] Compound - Specific Patents nor XencorCD19 Patents ; or ( ii ) are directed to [COMPANY] ’s [ … * * * … ], in each case, solely as and to the extent such technology isincorporated and embodied in XmAb5871 or any other Compound ; but excluding in each of ( a ), ( b ) and ( c ) above, without limitation, [COMPANY] - Controlled Patents to the extentsuch Patents Claim [COMPANY] ’s [ … * * * … ]