definiens: means a therapeutically active compound, a proprietary device ( if applicable ), or aproprietary formulation that is not a Licensed Product but is covered by the intellectual property rights owned or controlled by theLicensee, without which compound or device the Licensed Product would deliver less therapeutic effect ( but no an excipient, coating, capsule or other non - proprietary delivery system or formulation ) that is not a Licensed Product but that is included in aCombination Product . For the sake of clarity, a drug delivery device that is CONFIDENTIALPatent License Agreement – ExclusivePage 3 of 28 [ Final ] [ Theras ] [ Friday, December 14, 2018]1[Page 3 of 28 ] ● used for the delivery of drug products in general and is readily available for hospital, clinic and/or in - home use, such as asyringe, intravenous inject ports and the like, would not be deemed a proprietary device and therefore, would not be deemed aCombination Product Component . In addition, a proprietary formulation or proprietary device shall only include formulation ordevices that are developed by or on behalf of Licensee or in - licensed, purchased or otherwise procured by the Licensee, itsAffiliates and/or sublicensees from a third party for value