definiens: shall mean Information : ( A ) that at the time it was received from Genelabs by [COMPANY] or its Third Party collaborator ( i ) was previously known by [COMPANY] or its collaborator as documented by [COMPANY] 's or its Third Party collaborator 's business sfc 1-163605-1_1.doc 10 Confidential CONFIDENTIAL TREATMENT records, ( ii ) had been disclosed to [COMPANY] or its Third Party collaborator on a non - confidential basis by a Third Party who was lawfully entitled to do so, or ( iii ) had been independently discovered or developed by [COMPANY] or its collaborator without the use of Know - How provided by Genelabs, as documented by [COMPANY] 's or its collaborator 's business records ; or ( B ) that at the time of [ conception of a compound by [COMPANY] or its Third Party Collaborator ], was in the public domain other than as a result of any breach of this Agreement by [COMPANY]