definiens: means : ( a ) all discoveries, infonnation, processes, methods, protocols, fonnulas, data, Inventions, know - how and trade secrets, patentable or otherwise, that ( i ) arise from the Research Program, and ( ii ) arc developed or invented jointly by employees of MERCK and AVEO or others acting on behalf of MERCK and AYEO ; ( b ) all discoverie s, infonnation, processes, methods, protocols, fonnulas, data, Inventions, know - how and trade secrets, patentable or otherwise, that arise from the Research Program and relate specifica lly to a Control Compound ( including diagnostic uses thereof, methods of use and combination therapies comprising a Control Compound other than in combination with a MERCK Compound ), whether developed or invented ( i ) solely by employees of A VEO or other persons not employed by MERCK acting on behalf of A YEO, ( ii ) jointly by employees of MERCK and A YEO or others acting on behalf of MERCK and A YEO, or ( iii ) solely by employees of MERCK or other persons not employed by A VEO acting on behalf of MERCK ; and ( c ) any Prognostic Signature capable of predicting response ( including lack of response ) to a Control Compound, whether developed or invented ( i ) solely by employees of AVEO or other persons not employed by MERCK acting on behalf of AVEO, ( ii ) jointly by employees of MERCK and AVEO or others acting on behalf of MERCK and AYEO, or ( iii ) solely by employees of MERCK or other persons not employed by AYEO acting on behalf of MERCK