definiens: means all information obtained or developed by FAULDING or any third party which related to CUMBERLAND ’s business or the Drug Product, regardless of the form in which such information is transmitted . The following shall not be considered Confidential Information of CUMBERLAND for purposes hereof : ( a ) Information that is already in the possession of FAULDING at the time it is received from CUMBERLAND or developed on CUMBERLAND ’s beha lf, if FAULDING notifies CUMBERLAND of its belief that the information is excepted under the terms of this subsection ; ( b ) Information received by FAULDING from a person which has the right to disclose the same, when FAULDING notifies CUMBERLAND of i ts belief that the information is excepted under the terms of this subsection ; ( c ) Information that is or becomes published, or is or becomes otherwise publicly available without the fault of FAULDING ; or ( d ) An Invention as defined in Paragrap h 9.4