definiens: means all proprietar y information and confidential information owned by, licensed to, or controlled by Wellstat, which may i nclude, but is not limited to, materials, compounds, specifications, chemical formulas, formulations, de vices, apparatuses, instrumentation, preparations, processes, methods, assays, data, preclinical and clinical dat a, laboratory methods, manufacturing and production methods, methods of detection, mechanisms of action, results from on - going investigations, studies, reports or summaries relating to FDA and other regulatory compliance, ch emistry, toxicology, pharmacology and pharmacokinet ics information, research and development plans, clinic al plans and protocols, market research, business p lans, sales and marketing information, financial information, t echnical information, know - how, show - how, and other sensitive business information . Without limiting th e breadth of the foregoing, Wellstat specifically c onsiders its Investigators ’ Drug brochures, the specifications a nd particle size of PN401 and unpublished clinical data relating to PN401 to be Proprietary Information . Pr oprietary Information shall not include : ( a ) inform ation which at the time of disclosure to [COMPANY] or its Affili ates is in the public domain through no breach of a ny confidentiality obligation on the part of [COMPANY] or its Affiliates, agents or employees;(provided th at information in the public domain as a result of a b reach of a confidentiality obligation alleged by We llstat in the Litigation shall be excluded from definition of Pro prietary Information);(b ) information which, after disclosure to [COMPANY] or its Affiliates, becomes part of the public domain by publication or otherwise through n o act or omission of [COMPANY] or its Affiliates, agents or e mployees ( c ) information received by [COMPANY] or it s Affiliates from a third party who did not receive such informa tion under an obligation of confidentiality to Well stat or its Affiliates ; ( d ) information which is required to be disclosed by [COMPANY] to comply with applicable la ws or regulations, provided that [COMPANY] provides prior written notice of such disclosure to Wellstat and t akes reasonable and lawful actions to avoid and minimize the degree of such disclosure, including, without limitation, seeking confidential treatment from the applicable governmental or regulatory authority ; or ( e ) inform ation that [COMPANY] can establish by written records was in it s possession at the time of disclosure to [COMPANY] or its Affiliates ; provided, that ( i ) the exception descri bed in subparagraph ( e ) does not apply to informati on received by [COMPANY] or its Affiliates, agents or employees as a result of the Litigation or to information rel ating to Acylated Pyrimidines that [COMPANY] or its Affiliate s, agents or employees previously has received from Wellstat or the Regents or either of their Affiliates, agent s or employees and ( ii ) Proprietary Information sha ll not be deemed to be in the * CONFIDENTIAL TREATMENT REQUESTED 4 public domain merely because part of such Proprieta ry Information is embodied in general disclosures o r because individual features, components or combinat ions of such Proprietary Information are now or bec ome known to the public