definiens: shall mean ( a ) such Patents l isted in Schedule 5.8.2 A, ( b ) such Patents that are either ( i ) Controlled, through exclusive o wnership, by NN or its Affiliates during the Term and claim the benefit of a priority date on or befo re October 6, 2011 or ( ii ) Controlled, through licence or otherwise but not exclusive ownership, b y NN or its Affiliates at October 6, 2008, ( c ) such Know - How that is either ( i ) Controlled, through exc lusive ownership, by NN or its Affiliates during the Term and generated on or before October 6, 2011 or ( ii ) Controlled, through licence or otherwise but not exclusive ownership, by NN or its Affiliate s at October 6, 2008 and ( d ) such Patents based in part or in whole on Know - How that is ( i ) Controlled, through exclusive ownership, by NN or its Affiliates during the Term and ( ii ) generated on or before October 6, 2011, in each of ( a ), ( b ) and ( d ) that are or is ( y ) not within the Background NN IPR or Collaboration IPR and ( z ) necessary for the development and commercialization of an Anti - KIR Pr oduct