definiens: means all Patents and Know How which are ( i ) owned, controlled or licensed by Lexicon as of the Effective Date or created or acquired by Lexicon during the course of this Agreement and ( ii ) related to a process or method used in the creation or generation of Knock - Out or ~nsgenic mice, including the process for creating Knock - Out Mice[atd Overexpression Mi ~ l shall also include ( A ) the Know - How consisting of the Knock - Out Mice a d the Overexpression~ ; the Know - How consisting ofES Cell Lines ; and the ow - How consisting of biological materials ( such as nucleic acid sequences, RNA, DNA, organisms, proteins, polypeptides, pla ~ ds and vectors ) used for the creation of such Knock - Out MicelP.l"d Overexpression Micj, but not the Know - How related to the biological materials andlor sequence information provided by [COMPANY] to Lexicon or known to [COMPANY] ( as evidenced by written records ) prior to the Effective Date ; and ( B ) Patents claiming such Know How . [ Lexicon Knock - Out Technology " shall not ~ 126483 5 include Patents claiming Know - How to the extent that such Patents claim methods of making or methods of use of Proteins or nucleic acids encoding such Prot : w~ 1.28 means all Patents ( ) and Know - How ( ) which are ( i ) owned, controlled or licensed ~ Lexicon as of the Effective Date, or involve a Project Gene for which Lexicorflifd already completed the creation of a Knock - Out Mouse prior to the Effective D~~nd ( ii ) related to a Pre - Existing Project, a Project Gene, a Protein Candidate or a - Licensed Product, provided in each case that Lexicon Pre­Existing Patent Rights and Know - How shall not include ( a ) Lexicon Knock - Out Technology, ( b ) [COMPANY] Gene Patents and Know How, ( c ) Project Patents and Know How, ( d ) general Patents that cover inventions that could be used for products other than products under which [COMPANY] has a license pursuant to Article 5, including, without limitation, Patents covering manufacturing or process inventions, or ( e ) that portion of any such Patent which is beyond the scope of the work performed by Lexicon for Projects other than Pre - Existing Projects, including without limitation, First Pass Phenotypic Analysis