definiens: shall mean ( a ) [COMPANY] Information and Inventions, [COMPANY] ' rights in Joint Information and Inventions, the [COMPANY] Device, Device Modifications, and Device Custom Know - How ; and ( b ) any and all information and materials ( including any Target Antigen Modifications provided by [COMPANY] to [COMPANY] ), discoveries, improvements, processes, methods, protocols, formulas, data, inventions, know - how and trade secrets, patentable or otherwise, which are ( i ) Controlled by [COMPANY] as of the Effective Date and which are necessary or useful to [COMPANY] in the administration of [COMPANY] Products by means of or with the assistance of electroporation ( including but not limited to all electroporation equipment, designs thereof, and methods of use thereof, electroporation parameters provided to [COMPANY] by [COMPANY], and proprietary know - how of [COMPANY] for gene delivery into tissues using [COMPANY] electroporation equipment ) and ( ii ) either trade secrets of [COMPANY] or comprise a parameter claimed under [COMPANY] Patent Rights