definiens: means all proprietary informat ion, trade secrets, techniques and data ( including Confidential Informa tion ) of a Party that are owned, controlled or licensed by such a Party as of the Effective Date or thereafter during the term of this Agreement, inclu ding but not limited to, discoveries, formulae, materials, practices, method s, knowledge, processes, experience, test data ( including pharmacological, t oxicological and clinical information and test data ), analytical and quality control data, marketing, pricing, distribution, cost and sales data or descr iptions . Know - How may be made prior to the Effective Date or after the Effective Date whether or not during the course of, in furtherance of, and as a direct r esult of the activities of one or more Parties hereunder . Know - How may be made by employees of Lexicon, solely or jointly with a Third Person, by employees of [COMPANY], solely or jointly with a Third Person, or jointly by employee s of Lexicon and [COMPANY], alone or together with a Third Person . Know - How doe s not include Patents