definiens: shall mean any and all Information and Inventions under the Control of [COMPANY] or any of its Affiliates atany time during the period beginning on the Original Effective Date and ending on the last day of the Term ( other than pursuant to Section9.1 ) that are necessary or reasonably expected to be necessary for the Exploitation of a Territory Combination Product or are disclosed toJanssen or its Affiliates by [COMPANY] or its Affiliates in the course of the performance of this Agreement or under the PVA ( or other safety - data exchange provisions contained in any other Ancillary Agreement ) and are not generally known to Third Parties, including any suchInformation and Inventions included in the [COMPANY] - Owned Collaboration Inventions, but excluding any and all ( a ) such Information andInventions to the extent disclosed by published [COMPANY] Patents, ( b ) Joint Know - How and ( c ) any ( i ) business information, medicaleducation materials, promotional materials and marketing and strategic studies, or ( ii ) information relating to the validity or enforceabilityof any Patents or any freedom to operate analysis