definiens: means : ( a ) all patents and patent applications, including provisional patent applications ; ( b ) allpatent applications filed either from such patents, patent applications or provisional applications or from an applicationclaiming priority from either of these, including divisionals, continuations, continuations - in - part, substitutions, provisionals, converted provisionals, and continued prosecution applications ; ( c ) any and all patents that have issued orin the future issue from the foregoing patent applications described in clauses ( a ) and ( b ), including utility models, pettypatents and design Patents and certificates of invention ; ( d ) any and all extensions or restorations by existing or futureextension or restoration mechanisms, including revalidation, reissues, re - examinations and extensions ( including anysupplementary protection certificates and the like ) of the foregoing patents or patent applications described inclauses ( a ), ( b ) and ( c ) ; ( e ) all proceeds of the foregoing, including licenses, royalties, income and payments ; and ( f ) theright to sue for past, present and future infringements of any of the foregoing and all proceeds of such suits, providedthat any such proceeds of suit shall be proportionately divided among EPI and the Acquiror based on the duration ofinfringing activity prior to and following the Closing if EPI agrees prior to the commencement of such suit to bear its prorata share of the costs of prosecuting the claim relating to such activity calculated on the same basis