Owned

Owned. By a Stockholder if such Stockholder as of the date hereof or prior to the Expiration Date: (i) is the holder of record of such Common Stock; or (ii) is the beneficial owner of such Common Stock within the meaning of Rule 13d-3 promulgated under the Securities Exchange Act of 1934, as amended.

Owned. As used in this Agreement, a patent claim is "owned" by a party if the party either owns or otherwise has the right to assert the patent claim.