definiens: is deleted in its entirety and replaced with the following : [COMPANY] Know - How " means : ( A ) all [COMPANY] Internal Program Information ( defined below ), and ( B ) all other information, materials ( including compounds ), and technology, including but not limited to, discoveries, processes, methods, protocols, formulas, data, inventions ( including, [COMPANY] Program Information and Inventions, and [COMPANY] 's rights in Collaborative Information and Invention s ), know - how and trade secrets, patentable or otherwise, which during the teml of this Agreement are : ( a ) oWlled or Controlled by MERCK ; ( b ) not generally known ; and ( c ) are necessary or useful to ARENA in the performance of ARENA ' s obligations under the Program, but excluding [COMPANY] Patents and Collaboration Patents . means information, data, materials and know - how developed by MERCK in the course of its research and development activities specific to the [COMPANY] Internal Program, which are : ( a ) owned or Controlled by MERCK ; ( b ) not generally known ; and ( c ) as reasonably deternlined by MERCK, necessary or useful for the success of the Program, or necessary or useful to ARENA in the performance of ARENA 's obligations under the Program