definiens: shall mean ( a ) the Patents listed, as ofthe Effective Date, on Exhibit 1.26, and all patents and patentapplications claiming priority to such patent applications or to thepatent applications from which any such patents issued ( any suchPatents that are owned by a Third Party shall constitute solely to the extent PacBio Controls such Patents pursuantto and in accordance with the terms of the applicable Existing In - Licenses ), ( b ) any patent application filed on an Invention assigned toPacBio by [COMPANY] pursuant to Section 10.1(c)(i ) ( a ), ( c ) any Foreground Technology owned by PacBio orits Affiliates pursuant to Section 10.1(b ) ( other than PacBio - AssignedImprovements ), and ( d ) all other Patents Controlled by PacBio or itsAffiliates