definiens: shall mean any research information, tec hnical information, technical data or other confidential information not in the public domain m ade or that may be made by one of the inventors of the 1101 INVENTION or the 1215 INVENTION and/or one of them and others working under the supervision of one of them, while students or emplo yees of DUKE prior to or during the term of this AGREEMENT, which relate to and are necessary for th e practice of the PATENT RIGHTS in the FIELD . For avoidance of doubt, Know - How shall inclu de all unpatented and unpatentable inventions, technology, cell lines, biological materials, compo unds, probes, sequences, and methods necessary for the practice of the PATENT RIGHTS under this AGREEM ENT . Know - How shall not, however, include any such materials or information or any us es of such materials and information that DUKE can not provide to MERIX on either an exclusive or n on - exclusive basis because of other legal obligations of DUKE pursuant to sponsored research, clinical research, material trans fer, confidentiality or other agreements