definiens: means . \\itl1 respcct to a Party ( the ) all proprietary information . patentable Of othcmisc . ofthl .. ' Disclosing Party ( \vhcther owned by the Disclosing Party or disclosed by a Third P8rly to the Disclosing Pm1y under an obligation of confidentiality ) \\ hich is disclosed by or on behalf of such P,-lrty to the other Part)- .. Receiving Party " ) pursuant to and in contemplation of this Agreement including information pertaining to chemical sub ~ t<1nces . therapeutic agents, pharmaccutical compositions, drug : delivery systems, formulations . processes, techniques . methodologies . data . reports . know'-110\\-, expertise . sources of supply . patl : nt positioning and business plans . Confidential Information of the Disclosing Party includes Information of the, each as defined in the Prior Confidentiality Agreement . The elements of Assigned IP described in Sections 1.4(a ), ( b ) and ( c ) shall be treated as Confidential Information of [COMPANY], except to the extent they have been or arc later disclosed by the publication of any patent or patent application