definiens: means any Know - How and Patents ( a ) owned, controlled, orlicensed by a Sublicensee or an Aﬃliate thereof and ( b ) in the case of Know - How, exists as of and/or was conceived prior tothe date of such sublicense, or is developed or obtained by such Sublicensee or Aﬃliate thereof independently of thisAgreement ( and such sublicense ) without the use of Amunix ’s Conﬁdential Information, and in the case of Patents, claims ordiscloses inventions conceived prior to the date of such sublicense or developed by Sublicensee or its Aﬃliatesindependently of the Agreement without the use of Amunix ’s Conﬁdential Information, or were obtained by such Sublicenseeor its Aﬃliate independently of the Agreement after the date of such sublicense, and in each case all Intellectual Propertyrelated to such Know - How and Patents