definiens: means, with respect to a particular drug product that is Controlled by [COMPANY] or its Affiliates and is in development or has already received Regulatory Approval, any indication that : ( a ) is not an indication that, at the time [COMPANY] provided to [COMPANY] . the [COMPANY] Compound, pursuant to Section 4.1 or 4.3, was used to identify the particular Target referred to in subsection ( b ) below, either ( i ) [COMPANY] or its Affiliate or licensee was in the process of conducting development or had received Regulatory Approval for such [COMPANY] product, or ( ii ) is reasonably related, based on the known or believed mechanism of action of such [COMPANY] product, to the indication(s ) for which such [COMPANY] product is then being tested in development or being marketed pursuant to Regulatory Approvals or that is contained in [COMPANY] ' development plans for such [COMPANY] product or that would reasonably be anticipated for such [COMPANY] product based on publicly available information or infonnation then known to [COMPANY] with respect to the known or believed mechanism of action of such product ( or the active compound therein ) ; and ( b ) is discovered or identified by or on behalf of [COMPANY] or its Affiliate or sublicensee during research performed through the material use to any extent of either : ( i ) a Product Target, or a mammalian orthologue thereof, or any DNA sequence infonnation relating to such Target or mammalian orthologue, or any other Research Results that Remain Confidential at the time of such use ; or II : : : : CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT . MARKED BY BRACKETS . IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933 . AS AMENDED