definiens: the date of this Agreement as written above;1.9 . granted and/or issued Patents ( as defined below);1.10 . the party that under the provisions of Clauses 12.1 and 12.2, does not own the ConfidentialMaterial concerned ; [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separatelywith the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.1.11 . data, results, know - how, show - how, software, algorithms, inventions, designs, trade secrets, plans, forecasts, analyses, evaluations, research, technical information, concepts, techniques, processes, business information, financial information, business plans, strategies, customer lists, marketingplans, or other information whether oral, in writing, in electronic form or in any other form;1.12 . any infringement of the Patents or the Ancillary Rights and/or misuse of the Know How;1.13 . means any Information controlled by Aventis Pharma or its Affiliates that is necessary or usefulfor practising the Patents, including copies of relevant portions of lab notebooks, experimentaldata, research summaries and reports, invention disclosures and internal and external studyresults, pre - clinical and clinical data, and any process, procedures, manufacturing data, CMCdata, batch records, composition, method, trade secret, formula, protocol, technique and data, including but not limited to the Delivered Documents