definiens: shall mean copies ( or originals, where available 10 [COMPANY] ) of the following to the extent comprising or relating to the Diadem Patents : 0 ) all patents, patent applicutions, assignments and corre:;pondence to and [ rom the PTO ( whether or nO ! to O£ from [COMPANY] ) ; and ( ii ) all files, records, workbooks ( including, withomlimitation, lahoratory notclXXlks ), correspondenc e, data, notes and infonnation if in the posses:;ion or co ~ trul of [COMPANY] ; provided, however, that the following are excluded from the definition of : ( i ) those portions of laboratory notelXXlb and other records that do not relate to the Diadem Patents, ( ij ) confidential 2 informalion received from thint par1je >, induding but nol limited to Lumenis, 1I0ya, Lares Rese < ln;h, Premier Laser Systems, PLS Liquidating, EnOVision and SurgiLight, and ( iii ) materials pertaining solely to a product covered hy the patents ( e.g. infmmation Lares Res.earch obtained from PJ.S Iiquidaling concerning the design, manufactu re, and testing of lasers ) . [COMPANY] agrees 10 keep confidential in such manncr as it keeps its own trade ! ; ecrets any such [COMPANY] Patent Files during the penden ~ y of the Existing Litigation . [COMPANY] shall pay for the cost of making a copy, to be retained by Diodcm, of all such Diadem Patent Files