definiens: shall mean ( a ), with respect to [COMPANY] Confidential Information, any of the [COMPANY] Group, and ( b ), with respect to Mfymax Confidential Information, any of the [COMPANY] Group . shall mean ( c ), with respect to [COMPANY] Confidential Information, any of the [COMPANY] Group, and ( d ), with respect to [COMPANY] Confidential Information, any of the [COMPANY] Group . shall not include any materials and other information to the extent such materials and other information ( a ) are or become publicly known through no wrongful act or omission of the Recipient ; ( b ) were known by Recipient before receipt from Discloser and were obtained, derived, or created independent of any materials and information of Discloser that would constitute Confidential Information of Discloser absent this subsection ( b ), provided that this Subsection ( b ) shall not apply to [COMPANY] Assigned Confidential Information ; ( c ) become rightfully known to Recipient after the Closing and without confidential or proprietary restriction from a source other than Discloser that does not owe a duty of confidentiality to Discloser with respect to such materials or information ; or ( d ) are independently developed by Recipient without the use of or reference to any Confidential Information of Discloser