definiens: shall mean, with respect to a Party, ( a ) any and all non - public, proprietarytechnical information, know - how, trade secret, data, test results, knowledge, 2*Confidential treatment has been requested for the redacted portions of this exhibit, and such confidential portionshave been omitted and filed separately with the Securities and Exchange Commission.techniques, discoveries, inventions, specifications, designs, regulatory filings, and other information ( whether or notpatentable ) and ( b ) any intellectual property rights thereon ( except trademarks ), including patent and patentapplication issuing or filed for based thereon and copyright ; in each case under clause ( a ) and ( b ), that is related toa Licensed Product or to the research, manufacture, development, distribution, promotion, marketing, use, import, offer for sale or sale of a Licensed Product and that is first owned or controlled on or after the Effective Date by suchParty or any of its Affiliates . For clarity, Foreground IP of ATHX shall include the ATHX Foreground Patents