definiens: shall mean a New Compound, the manufacture, use, or sale of which would infringe Non - ND Partner IF but not [COMPANY] Collaboration Patents, [COMPANY] Collaboration Technology . [COMPANY] 's interests in Joint Collaboration Patents or 10int Collaboration Technology, or Pre - existing IP, ( ii ) means Valid Claims within the [COMPANY] Licensed Patems, to the extent such Valid Claims consist of inventions made solely in the course of performing research activities under a Non - ND Panner Research Plan pursuant to a Non - ND Partner Agreement . ( iii ) means Valid Claims within the Methy'Gene Licensed Patents that are owned or controJIed by [COMPANY] or its Affiliates prior to the effective date of the applicable Non - ND Panner Agreement, and ( iv ) a means a Compound which was not first 38 836116,, 1ISD synthesized by [COMPANY] prior to the I;!ffective date of the applicable Non - ND Partner Agreement . Compounds that were first synthesized by [COMPANY] prior to the effective date of the applicable Non - ND Partner Agreement shall be demonstrated upon EVP 's request by contemporaneous written scientific records of [COMPANY] made prior to such effective date