definiens: means all proprietary discoveries, trade secrets, inventions ( whether or not patentabl e ), data, materials, and information disclosed or provided by, or on behalf of, Lexicon to [COMPANY] or its designees in connection with this Agreement ( in cluding, but not limited to, Lexicon Knock - Out Technology, Lexicon Product Paten ts and Know - How and Project Patents and Know - How ), other than Project Confident ial Information, whether provided prior to, or after, the Effective Date and whether provided orally, electronically, visually, or in writing, except suc h discoveries, trade secrets, inventions, materials, data, or information that Ge nentech can demonstrate, through its contemporaneous written records : ( i ) was known to [COMPANY] or to the pub lic prior to Lexicon 's disclosure hereunder ; ( ii ) became known to the public, after Le xicon 's disclosure hereunder, other than through an unauthorized a ct of [COMPANY] or of any person to whom [COMPANY] disclosed s uch information ; ( iii ) was subsequently disclosed to Genen tech by a person having lawful possession of, and a legal ri ght to disclose without any restrictions, such information ; or ( iv ) was developed by [COMPANY] without u se, and independent, of Lexicon Confidential Information