definiens: as used in this Section 5 means the following ( and whether disclosed prior to or after the date of this Agreement ) : ( i ) as to IDEC, ( x ) all confidential information relating to the business and 0 erations of IDEC or the Assigned IP ( other than ( prIVIleged Informatioli usiness Files lor any lClinical Trial Record but including, without limitation, the content of the atent ApplicatIon 0 the extent such content is not required to be made publicly available under applicable laws ) and ( y ) the contents of this Agreement and all negotiations of the parties with respect to the transactions contemplated by this Agreement ; and ( ii ) as to [COMPANY], ( x ) all confidential information relatin to the business and 0 erations of [COMPANY] ( other than the Assigned IP, but including Privile ed Informatio usiness Files and any [ Clinical Inal Record~ ) and ( y ) the contents of this Agreement and all negotiations of the parties with respect to the transactions contemplated by this Agreement ; provided, however, that the term does not include information which ( I ) is generally available to the public currently, ( 2 ) becomes generally available to the public other than as a result of disclosure by the Disclosing Party or ( 3 ) becomes available to the Disclosing Party on a non­confidential basis from a source other than the Non - disclosing Party ( so long as such source is not bound by a duty of confidentiality ( whether by agreement or otherwise ) to the Non­disclosing Party ) . INotwlthstamllng the toregomg provIsIons ot thIs : : LectJon 5, to the extent reasonaDly reqUlrea in connection with prosecuti on or litigation regarding the Assigned IP ( and to the extent not proscribed or restricted by applicable third party agreements and patient confidentiality requirements ), IDEC shall be permitted to utilize information and data contained in the Clinical Trial Records with respect to prosecution or litigation regarding the Assigned IP