definiens: means ( i ) the Patents listed on Exhibit A, and ( ii ) any claims of any future Patent which claim and are entitled to claim ( in whole but not in part, so long as neither CPI nor any of its Affiliates files any cla ims in a continuation - in - part Patent which require new matter for support for the primar y purpose of avoiding, circumventing, evading or minimizing its payment ob ligations to SVI hereunder or pursuant to the Development Agreement ) priority to a Patent covered by the preceding clause ( i ) ( e.g., claims in a continuation -in -part Patent which require new matter for support are not Billabong Patents, so lo ng as neither CPI nor any of its Affiliates files any claims in a continuation - in - pa rt Patent which require new matter for support for the primary purpose of avoiding, circum venting, evading or minimizing its payment obligations to SVI hereunder or pursuant to the Development Agreement )