definiens: means all proprietary discoveries, trade secrets, inventions ( whether or not patentable ), data, materials and information disclosed or provided by, or on behalf of, [COMPANY] to Lexicon or its designees in connection with this Agreement ( including, but not limited to, [COMPANY] Gene Patents and Know - How ) other than Project Confidential Information, whether provided prior to, or after, the Effective Date and whether provided orally, electronically, visually, or in writing, except such discoveries, trade secrets, inventions, data, materials or information that Lexicon can demonstrate, through its contemporaneous written records : 126483 ( i ) was known to Lexicon or to the public prior to [COMPANY] 's disclosure hereunder ; 3 ( ii ) became known to the public, after [COMPANY] 's disclosure hereunder, other than through an unauthorized act of Lexicon or of any person to whom Lexicon disclosed such information ; ( iii ) was subsequently disclosed to Lexicon by a person having lawful possession of, and a legal right to disclose without any restrictions, such information ; or ( iv ) was developed by Lexicon without use, and independent, of [COMPANY] Confidential Information