definiens: means all secret, confidential or proprietary data, know - how and related information, including ( a ) all Regulatory Applications, regulatory and clinical materials and related Regulatory Filings, applications and data, ( b ) the content of any unpublished patent applications, ( c ) operating methods and procedures, ( d ) marketing, manufacturing, distribution and sales methods and systems, ( e ) sales figures, pricing policies and price lists and ( f ) other business information of either party ; provided, that Confidential Information shall not include any information that ( i ) is already known to the Receiving Party at the time of disclosure by the Disclosing Party, as demonstrated by competent proof, ( ii ) is or becomes generally available to the public other than through any act or omission of the Receiving Party, ( iii ) is acquired by the Receiving Party, free of an obligation of confidentiality, from a third party who is not, directly or indirectly, under an obligation of confidentiality to the Disclosing Party with respect to such information, or ( iv ) is developed independently by the Receiving Party without use, direct or indirect, of Confidential Information of the Disclosing Party