definiens: means all proprietary or confidential te chnical information, know - how and data, including inventions ( whether patentable or not ), discoveries, trade secrets, specifications, instructions, proc esses, formulae, materials, expertise and other technology applicable to the Compounds, Products or Biomarker / Companion Diagnostics or to its or their manufacture, Regulatory Approval, Development, or Commercialization, or methods of assaying or testin g the Compounds, Products or Biomarker / Companion Diagnostics, compositions incorporating or comprisi ng the Compound, Products or Biomarkers / Companion Diagnostics, formulation of an y Product, and including all biological, chemical, pharmacological, biochemical, toxicological, pharma ceutical, physical and analytical, safety, quality control, manufacturing, preclinical and clinical da ta ( subject to Section 4.1 ), instructions, processe s, formulae, expertise and information, regulatory fil ings and copies thereof . For the avoidance of doubt, Know - How will not include any proprietary or confid ential technical information, know - how or data, including inventions, discoveries, trade secrets, s pecifications, instructions, processes, formulae, m aterials, expertise or other technology relating to compounds that are the subject of [COMPANY] ’ or its Affiliate ’s research, Development, or Commercialization activit ies for compounds and products other than the Compounds and/or Products, and not relating to Comp ounds and/or Products