definiens: means any Information, whether or not patentable, that : ( a ) ( i ) was Controlled by [COMPANY] or its Affiliates [ as of the Effective Date ], and Oi ) is [ necessary or useful for measuring FXR activity or for identifying molecules that Modulate li'XR ] ; or ( b ) ( i ) was not Controlled by [COMPANY] or its Affiliates [ as of the Effective Date ] but becomes owned and Controlled by [COMPANY] or its Affiliates [ during the Term ], and ( ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED • ( ii ) is [ necessary or useful to make, have made, use, develop, sell, offer for sale, have sold, import or export any Licensed Compound ]