definiens: means all know - how, trade secrets, technical information, specifications, data, formulae, intellectual property or software of a Party relating to or arising out of this Agreement including:(a)all communications between the Parties or information of whatever kind whether recorded or not and, ifrecorded, in whatever medium, relating to or arising out of the Product Development Plan, the Design & Development Program, the Anacor Patent Rights, the Elanco Patent Rights, the Elanco Inventions, AnacorInventions, Anacor Technology, Elanco Research IP, Anacor Research IP, Elanco IP or this Agreement, whetherdisclosed prior to or after entering into this Agreement ; ( b)any information that the Party indicates in writing is information of a confidential nature or which is marked ; ( c)all Information or Confidential Information ( each as defined in the applicable Existing Agreement ) disclosedunder the Existing Agreements ; and ( d)all copies and excerpts of the communications, information, notes, reports and documents in whatever formreferred to in paragraph ( a ), ( b ) or ( c ) of this definition