definiens: ) and are covered by Patent Rights as defined below ; WHEREAS, the inventions disclosed in UCSD Case Docket No . [ ... * * * ... ] and titled ( ), were made in the c ourse of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; WHEREAS, the inventions disclosed in UCSD Case Docket No . [ ... * * * ... ] and titled ( ), were mad e in the course of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; WHEREAS, the inventions disclosed in UCSD Case Docket No . [ ... * * * ... ] and titled ( ), were made in the course of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; WHEREAS, the inventions disclosed in UCSD Case Docket No . [ ... * * * ... ] and titled ( ), were made in the course of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; * * * Confidential Treatment Requested - 1 - WHEREAS, the inventions disclosed in UCSD Case Docket No . [ ... * * * ... ] and titled ( ), were made in the course of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; WHEREAS, the inventions disclosed in UC SD Case Docket No . [ ... * * * ... ] and titled ( ), were made in the course of research at UCSD by [ ... * * * ... ] ( collectively, the ) and are covered by Patent Rights as defined below ; WHEREAS, the research from which the Second, Third, Fourth, and Seventh Invention arose was sponsored by the United States ( ) Government and as a consequence this license is subject to overriding obligations to the Federal Government under 35 U.S.C. § § 200 -212 and applicable re gulations ; WHEREAS, the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Inventors are all obligated under UNIVERSITY ’s Patent Policy to assign all of their right, title and interest in the Invention to UNIVERSITY ; WHEREAS, UNIVERSITY has granted to a first commercial entity a non -exclusive license and under UNIVERSITY ’s patent applications covering the First Invention to practice the methods and to make and use the compositions claimed therein for in -house research not including gene therapy ; WHEREAS, UNIVERSITY has granted to a second commercial entity ( ) a non -exclusive license and under UNIVERSITY ’s patent applications covering the First Invention to practice the methods and to make and use the compo sitions claimed therein for in -house research not including gene therapy, and an exclusive license under UNIVERSITY ’s patent applications covering the Second, Third and Fourth invention to practice the methods claimed therein and to make, use, sell, offer for sale and import compositions which are non - peptide, non -protein molecules useful for the treatment or prevention of cardiovascular disease and excluding gene therapy ; WHEREAS, UNIVERSITY had previously granted to a third commercial entity ( ) an exclusive option under UNIVERSITY ’s patent applications covering the Seventh Invention for evaluation purposes and the option has since elapsed and UNIVERSITY has no further obligations to Optionee ; WHEREAS, UNIVERSITY is desirous that the First, Seco nd, Third, Fourth, Fifth, Sixth, and Seventh Invention ( collectively, the ) be developed and utilized to the fullest possible extent so that its benefits can be enjoyed by the general public ; * * * Confidential Treatment Requested - 2 - WHE REAS, LICENSEE is desirous of obtaining certain rights from UNIVERSITY for commercial development, use, manufacture and sale of the Inventions, and the UNIVERSITY is willing to grant such rights ; and WHEREAS, LICENSEE understands that UNIVERSITY may publi sh or otherwise disseminate information concerning the Inventions at any time and that LICENSEE is paying consideration thereunder for its early access to the Inventions, not continued secrecy therein