definiens: shall mean all trade secret and other know­how rights in which Cell - Matrix has an ownership interest or has a transferable interest, in and to all data, information, compositions and other technology ( including, but not limited to, f0l111ulae, procedures, protocols, techniques and results of experimentation and testing ) which are necessary or useful for Tracon to make, use, develop, sell or seek regulatory approval to market a Product, or to practice any method or process relating to a Product, and that ( a ) is at any time claimed or disclosed in any issued patent or pending patent application within the Cell - Matrix Patent Rights, or ( b ) exists as of the Effective Date or during the tel111 of this Agreement to the extent specifically applicable to D93 ( forH8 provided that Tracon has exercised its option pursuant to Section 3.~ or is generated by Cell - Matrix or its Affiliates in the course of perfol1ning activities under this Agreement