definiens: : shall mean the information, software, data and biological materials consisting of or directly and solely relating to Database Information ' which are proprietary to [COMPANY] either at the time of disclosure to [COMPANY] or at the time of Use By [COMPANY] and not already known to [COMPANY] ( with the right to use ) independent of the Database Information, as can be demonstrated by tangible records of [COMPANY] existing prior to such time of disclosure, all to the extent and only to the extent that [COMPANY] has the right to grant licenses, immunities or other rights to [COMPANY] thereunder ; provided, however, that [COMPANY] Know - How shall exclude [COMPANY] Patent Rights and all [COMPANY] Proprietary Programs ; and further provided that genomic DNA sequence information which is part of the public domain or was already known to [COMPANY] ( with the right to use ) does not render Database Information non - proprietary or non - confidential except to the extent that such genomic DNA sequence information has been specifically and materially established as exon region(s ) ( i ) via standard molecular biology laboratory techniques, including, but not limited to, isolation and analysis of cDNA clones ( including ESTs ), 5 ' and 3 ' RACE,, RNA mapping with nuclease SI, mung bean nuclease, ribonuclease, or exonuclease VII ( including ribonuclease protection ), and other protocols described in Molecular Cloning, 3rd Edition ( Sambrook and Russell ) or Current Protocols in Molecular Biology ( Ausubel, et a1 . ) . or ( ii ) through the use of a suitable computer algorithm or visual inspection and comparison of genomic DNA sequences ( including predicted amino acid sequences of putative open reading frames or ORF 's ) with known serine protease genes, cDNAs, expressed sequence tags, and amino acid sequences, as can be demonstrated by [COMPANY] ' tangible records existing prior to the time of disclosure of Database Information L19 : shall mean the patents and/ or patent applications that ( i ) are owned or controlled or licensed by [COMPANY] to the extent that they claim the composition of matter of Gene Product(s ) or any other cDNAs identified in the DNA Sequence Information, ( ii ) are related to software or algorithms used by [COMPANY], and/or ( iii ) arise solely from the generation of Database Information and claim the use of Gene Product(s ) with respect to Drug Product(s ), throughout the world as well as reissues, reexaminations, divisionals, provisionals, continuations or continuations - in - part thereof or therefor only to the extent that they claim inventions described in ( i ) or ( ii ) above, all to the extent and only to the extent [COMPANY] has the right to grant licenses, immunities or other rights thereunder ; provided, however, that [COMPANY] Patent Rights shall exclude all patent rights arising under [COMPANY] Proprietary Programs 1.20 : shall mean an internal research and development program of [COMPANY] which involves investment by [COMPANY] intended to PageS develop discoveries, inventions, data or information ( whether or not patentable ) beyond that consisting of Database Information . In particular, [COMPANY] Proprietary Programs shall include discoveries, data, inventions,, or information related to antibodies . [COMPANY] Proprietary Programs are independent of those services regularly performed by [COMPANY] to produce or generate DNA Sequence Information and Annotation Information intended to be released to the LifeSeq ® Database Product{s )