definiens: means ( A ) United States and foreign patents, patent applications, continuations, continuations - in - part, continuing prosecution applications, divisions, reissues, patent disclosures, extensions, re - examinations, inventions ( whether or not patentable ) or improvements thereto ; ( B ) United States, state, foreign, and commonlaw trademarks, service marks, domain names, logos, trade dress and trade names ( including all assumed or fictitious namesunder which the Company or any of its subsidiaries is conducting its business ), whether registered or unregistered, andpending applications to register the foregoing ; ( C ) copyrightable expressions fixed in tangible form, United States and foreigncopyrights therein, whether registered or unregistered, and pending applications to register the same ; and ( D ) trade secrets, know - how, concepts, methods, processes, formulae, reports, data, customer lists, mailing lists, business plans and otherinformation that is confidential and proprietary, in each case either owned or used pursuant to a valid license