definiens: means all Patents and Know How which are ( i ) owned, controlled or licensed by Lexicon as of the Effective Date or created or acquired by Lexicon during the course of this Agreement and ( ii ) related to a process or method used in the creation or generation of Knock - Out or transgenic mice, including the process for creating Knock - Out Mice and Overexpression Mice . shall also include ( A ) the Know - How consisting of the Knock - Out Mice and the Overexpression Mice ; the Know - How consisting of ES Cell Lines ; and the Know - How consisting of biological materials ( such as nucleic acid sequences, RNA, DNA, organisms, proteins, polypeptides, plasmids and vectors ) used for the creation of such Knock - Out Mice and Overexpression Mice, but not the Know - How related to the biological materials and/or sequence information provided by [COMPANY] to Lexicon or 144295 5 known to [COMPANY] ( as evidenced by written records ) prior to the Effective Date ; and ( B ) Patents claiming such Know How . shall not include Patents claiming Know - How to the extent that such Patents claim methods of making or methods of use of Proteins or nucleic acids encoding such Proteins