definiens: means all processes, techniques and know - how . Controlled by Phannacopeia and/or its Affiliates as of the date of termination that are reasonably necessary for the research, manufacture, Development and/or Commercialization of the Licensed Compounds and/or the Licensed Products . [COMPANY] Know - How shall Dot include information and know - how that is acquired or developed by [COMPANY] after the date of termination ; and means ( i ) those patents and patent applications Controlled by [COMPANY] and/or its Affiliates as of the date oftennination that are reasonably necessary for the research, manufacture, Development and/or Commercialization of the Licensed Compounds and/or the Licensed Products ; ( ii ) any patent application that claims priority to any of the -39 - patents and patent applications included in clause ( i ) above ( including any divisional, continuatio~ or continuation - in - part patent application ), and foreign counterparts thereof ( but in each case, only with .respect to claims in such application or foreign counterparts thereof that cover subject matter within the scope of the claims in the patents and patent applications included in clause ( i ) above ), and ( iii ) all patents issuing on any of the foregoing patent applications which are included in clauses ( i ) and ( ii ) above, together with all registrations, reissues, re - examinations, supplemental protection certificates, or extensions thereof, and any foreign counterparts thereof ( but in each case, only with respect to claims in such patents or foreign counterparts thereof that cover subject matter within the scope of the claims in the patents and patent applications included in clause ( i ) of this definition )