definiens: shall mean any and all Inventions, improvements, discoveries, claims, formulae, processes, trade secrets, technologies and know - how ( including confidential data and Confidential Information ) that is generated, owned or controlled by Inspire at any time before or during the term of this Agreement relating to, derived from or usef ul for the manufacture, use or sale of the Compound or the Product, including, without limitat ion, synthesis, preparation, recovery and purification processes and techniques, control meth ods and assays, chemical data, toxicological and pharmacological data and techniques, clinical data, medical uses, product forms and product formulations and specifications . ” 4 . Section 1.17 of the Agreement ( entitled Licensed Claim ) shall be amended to read in full as follows : shall mean any claim of any Patent that relates t o and is necessary for the manufacture, use and sale of the Compound or the Pr oduct, which claim has not been held invalid or unenforceable by decision of a court or other gover nmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which is not admitted to be invalid through disclaimer or otherwise not admitte d by Inspire to be invalid . ” 5 . A new Section 3.6 is hereby added at the end of Section 3 ( entitled Coordinating Committee ) of the Agreement, to read as follows : “ 3.6 Compound Manufacturing Information and Rights . [ CONFIDENTIAL TREATMENT REQUESTED ] any Inventions, improvements, discoverie s, claims, formulae, processes, trade secrets, technologies and know - how ( including confi dential data and Confidential Information ) to the extent solely relating to the synthesis, purifi cation, analysis, testing or manufacture of the Compound and arising after the date of the First Am endment to this Agreement . ” 6 . Section 4.1 of the Agreement ( entitled Generally ) is hereby amended to add a new sentence at the en d of such section to read as follows : [ CONFIDENTIAL TREATMENT REQUESTED ] 7 . Subsection ( h ) of Section 4.2 of the Agreement ( entitled Specific Santen Responsibilities ) is hereb y amended by deleting the language at the end of such subsection and inserting in lieu thereof a period