definiens: shall mean ( a ) Discovery Labs ’ proprietary pulmonarysurfactant technology ( including without limitation the technologies, formulations, processes, equipment, materialsand know how relating to the manufacture and use of pulmonary surfactants for treatment of respiratory conditions),and ( b ) all Intellectual Property owned by or licensed to Discovery Labs relating to such pulmonary surfactanttechnology, including, without limitation, the Discovery Labs ’ Patents, information related to KL4 ( sinapultide ) andKL4 surfactants ( e.g., lucinactant ( SURFAXIN ® ), lyophilized lucinactant ( SURFAXIN LSTM ) and lucinactant forinhalation ( AEROSURF ® ) and/or ( c ) method of making any of the foregoing, including Discovery Labs ’ Method ofManufacture, and/or method of using any of the foregoing, all rights licensed or acquired through third parties, including the capillary aerosol - generating technology rights that Discovery Labs is developing in connection with itsaerosolized lucinactant