definiens: means ( i ) the patents and pat ent applications listed in Appendix A ; ( ii ) all continuation, divisional, c ontinuation - in - part, continued prosecution, re - examination, reissue, uti lity model, xxxxx, and other patent applications claiming subject matter t herein or claiming priority from any of the foregoing and all patents that issue therefrom ; ( iii ) all counterparts, substitutions, restorations, extensions ( including, without limitation, patent term extensions ), supple mentary protection certificates, registrations, confirmations, validat ions and renewals of any of the foregoing ; and ( iv ) all other U.S. patents, patent applications ( provisional and non - provisional ), utility models, invention certificates, and other grants for the protection of inventions o r industrial designs, in each case that are Controlled by Nastech or its Aff iliates now or in the future and that cover or are useful for the Product or the making ( including development, testing, packaging, and Man ufacturing ), preparation, importation, use, or sale of the Produ ct