definiens: means all information obtained or developed by BIONICHE which relates to CUMBERLAND ’s business or the Drug Product, regardless of the form in which such information is transmitted . The following shall not be considered Confidential Information of CUMBERLAND for purposes hereof : ( a ) Information that is already in the possession of BIONICHE at the time it is received from CUMB ERLAND or developed by BIONICHE on CUMBERLAND ’s behalf, if BIONICHE notifies CUMBERLAND of its belief that the information is excepted under the terms of this subsection ; ( b ) Information received by BIONICHE from a person which has the right to discl ose the same, when BIONICHE notifies CUMBERLAND of its belief that the information is excepted under the terms of this subsection ; ( c ) Information that is or becomes published, or is or becomes otherwise publicly available without the fault of BIONIC HE ; ( d ) An Invention as defined in Paragraph 9.4 ; or ( e ) Confidential Information of BIONICHE