definiens: means : ( a ) any and all technical, scientific, reg ulatory, clinical, medical, marketing, sales, financial and business informatio n and data, know - how, formulations, trade secrets, techniques, processes, ideas, concepts, designs, original works of authorship, enhancements, derivative works, ada ptations, discoveries and unpatented inventions developed, co nceived, reduced to practice, originated, prepared, learned, generated, obtained or made by or on behalf of Ucyc lyd and that : ( i ) are owned by Ucyclyd as of the Ef fective Date, or ( ii ) in licensed by Ucyclyd as of the Effe ctive Date to the extent licensable or assignable t o Hyperion but specifically excluding that which is separately lic ensed to Hyperion under this Agreement ( e.g., Brusi low Intellectual Property ) ; and ( b ) any and all intelle ctual property rights in or to any of the foregoing . Product Know - How does not include any of Licensed Know - How, Manufacturing Know - How and Developed Know - How