definiens: means, with respect to a Party, all infonnation ( and all tangible and intangible embodimen ts thereof ), which is Controlled by such Party, including, without limitation, ( i ) scientific or medical information, material, results and data of any type whatsoever, in any tangible or intangible form whatsoever, including databases, inventions, practices, methods, techniques, specifications, formulations, formulae, cell lines, cell media, knowledge, know - how, skill, 2 experience, manufacturing materials, financial data, test data including pharmacologic al, biological, chemical, biochemica l, toxicologica l and clinical test data, analytical and quality control data, quality assurance data, stability data, and studies and procedures, ( ii ) all regulatory filings and communications or any kind, and patent and other legal information or descriptions and ( iii ) commercial information of any kind, including product forecasts and sales information, sales force information, marketing studies and marketing materials, comparative analysis of competing products, physician education materials, customer and distribution channel information, and any information regarding post - approva l trials, adverse event reports, or other product information . Notwithstanding the foregoing, Confidential Information of a Party which is disclosed by such Party to the other Party or otherwise received by the receiving Party shall not include informati on which the receiving Party can establish by written documentation ( a ) was publicly known prior to its disclosure to or receipt by the receiving Party, ( b ) became publicly known, without breach of this Agreement on the part of the receiving Party or an agent thereof, subsequent to its disclosure to or receipt by the receiving Party, ( c ) was received by the receiving Party at any time from a source, other than the disclosing Party, rightfully having possession of and the right to disclose such information free of confidentiality obligations, ( d ) was otherwise known by the receiving Party free of confidentiality obligations to the disclosing Party prior to its disclosure to or receipt by the receiving Party, or ( e ) was independently developed by employees or others on behalf of the receiving Party without the aid, application or use of the information disclosed to or received by the receiving Party