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 creat ing Knock - Out Mice and Overexpression Mice . shall also include ( A ) the Know - How consisting of the Knock - Out Mice and the O verexpression 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 cr eation of such Knock - Out Mice and Overexpression Mice, but not the Know - How relat ed to the biological materials and/or sequence information provided by G enentech to Lexicon or known to [COMPANY] ( as evidenced by written records ) prio r to the Effective Date ; and ( B ) Patents claiming such Know How . shall not include Patents claiming Know - How to the extent tha t such Patents claim methods of making or methods of use of Proteins or nucleic acids encoding such Proteins