definiens: shall mean JHU ’s proprietary tec hnical information, research data, designs, formulas, process information, protocols or other i nformation created, developed, or fixed in any tang ible medium of expression solely by [ * * * ] prior to the R ESTATEMENT DATE of this Agreement, each directly related to the use of, or required for the practice of, the PATENT RIGHTS, and that is owned by JHU an d is not subject to any third party rights . JHU KNOW - HOW spe cifically excludes inventions as defined by U.S. Pa tent law ( whether or not patented ) and tangible products . Notwithstanding any other provision of this Agree ment, JHU KNOW - HOW shall not include any information whic h : ( a ) is within the public domain prior to the tim e of provision by JHU or thereafter becomes within the p ublic domain other than as a result of provision to a third party by Company, AFFILIATED COMPANY(IES ), SUBLICEN SEE(S ) or any of their representatives ; ( b ) was, on or before the date of provision to Comp any in the possession of Company as evidenced by re cords, however maintained ; ( c ) is acquired by Company from a third party having the right to provide without burden ; or ( d ) is hereafter independently developed by Comp any without reference to JHU KNOW - HOW, as evidenced by records, however maintained