definiens: shall mean any research information, technical information, technical data or other confidential information not in the public domain generated at DUKE prior to the EFFECTIVE DATE by one or more of the appertaining INVENTORS of one or more subje ct DUKE PATENT RIGHTS which relate to and are necessary for the practice of the subject DUKE PATENT RIGHTS and are not claimed in the DUKE PATENT RIGHTS . Notwithstanding the foregoing and for avoidance of doubt, KNOW -HOW shall include all unpatented and un patentable inventions, technology, cell lines, biological materials, compounds, probes, sequences, methodology and uses generated at DUKE by one of the appertaining INVENTORS of one or more subject DUKE PATENT RIGHTS prior to the EFFECTIVE DATE and which r elate to and are necessary for the practice of the subject DUKE PATENT RIGHTS, but shall not include any inventions, technology, cell lines, biological materials, compounds, probes, sequences, or methods or any uses thereof ( i ) which are patented, or ( ii ) which are the subject(s ) of one or more pending patent applications, or ( iii ) which are patentable but unpatented unless DUKE has provided COMPANY with written notification that it has elected not to pursue patent protection, in which case such items shall be deemed to fall within the scope of KNOW -HOW