definiens: shall mean all information, data, know - how, materials, inventions, trade secrets, registered and unregistered copyrights, patents, patent applications, ( along with any continuation, continuation in - part, divisional, or substitute applications, and any re - issue or re - examinations of such patents or patent applications ), trade 3 BOSTON 1864134v2 names, registered or unregistered trademarks, and applications therefor and other intellectual property of any kind, whether patented or unpatented, and rights under any research grants related to the inventions claimed in the Patent Rights, including any enhancements, updates, extensions, and improvements thereof, and all competitive assessments of related technology, market analyses, and other intellectual property related to any therapeutic or nutraceutical products derived from therapeutic compositions that are owned or controlled by Phenome as of the effective date of the Cooperative Commercialization Agreement or thereafter developed in the performance of Phenome 's SBIR and DARPA grants, comprising : ( i ) Any ester or amide of an alpha - keto acid ( including, for example, pyruvate, alpha - ketobutyrate or alpha - ketoglutatrate ), e.g., alkyl, aralkyl, alkoxyalkyl and carboxyalkyl esters, analogs of any of the foregoing, and compositions containing the foregoing ; ( ii ) Pyruvate prodrugs, e.g., masked pyruvates other than ester functionalities ; ( iii ) Prodrugs of alpha - ketoacids ( including pyruvate ) e.g., masked alpha­keto acids in which the acid group is masked with a moiety other than an ester ( which is covered in i ) ; and ( iv ) Any combinations of compositions described in clauses ( i ), ( ii ), or ( iii ) with agonists or synergists, including, for example, dichloroacetate, and or other inhibitors of pyruvate degradation and/or with non - covalent derivatives and complexing or solubilizing agents, including, for example, organic bases or amino acids such as ornithine and arginine