definiens: means ( i ) all Patents which are owned, controlled or licensed by [COMPANY] as of the Effective Date or which are created or acquired by [COMPANY] during the course of this Agreement and which claim a Project Gene, polypeptides encoded by such genes and/or antibodies directed toward such polypeptides and/or methods of treatment employing such genes, polypeptides and/or antibodies ( also referred to herein as a ) and ( ii ) all Know - How which is owned, controlled or licensed by [COMPANY] as of the Effective Date or which is created or acquired by [COMPANY] during the course of this Agreement which relates to any of the Project Genes ( also referred to herein as ) ; provided that Gen~.!ltech Gene Patents and Know - How shall not include Project Patents and Know - How . lWlthout limiting the generality of the foregoing, [COMPANY] Gene Know How incluaes any [COMPANY] Confidential Information regarding Project Genes and potentially homologous murine genes, including, but not limited to, any partial or full length human c - DNA clones of a Project Gene supplied by [COMPANY] to Lexicon hereunder . Except as expressly set forth herein, [COMPANY] shall have no obligation to transfer [COMPANY] Gene Know - How to Le~.oil 1.22 means, with respect to a Licensed Product, the gross amount invoiced by [COMPANY], its Affiliates and Product Licensees, as applicable, for sales of such Licensed Product to Third Persons