definiens: means all proprietary in formation and confidential information owned by, licensed to, or controlled by Wellstat, which may i nclude, but is not limited to, materials, compounds, specifications, chemical formulas, formulations, de vices, apparatuses, instrumentation, preparations, processes, methods, assays, data, preclinical and clinical dat a, laboratory methods, manufacturing and production methods, methods of detection, mechanisms of action, results from on - going investigations, studies, reports or summaries relating to FDA and other regulatory compliance, ch emistry, toxicology, pharmacology and pharmacokinet ics information, research and development plans, clinic al plans and protocols, market research, business p lans, sales and marketing information, financial information, t echnical information, know - how, show - how, and other sensitive business information . Without limiting th e breadth of the foregoing, Wellstat specifically c onsiders its Investigators ’ Drug Brochures, the specifications a nd particle size of PN401 and unpublished clinical data relating to PN401 to be Proprietary Information . Pr oprietary Information shall not include : ( a ) inform ation which at the time of disclosure to the Regents or its Aff iliates is in the public domain through no breach o f any confidentiality obligation on the part of the Regen ts or its Affiliates, agents or employees ( provided that information in the public domain as a result of a b reach of a confidentiality obligation alleged by We llstat in the Litigation shall be excluded from the definition of Proprietary Information ) ; ( b ) information which, a fter disclosure to the Regents or its Affiliates, become s part of the public domain by publication or other wise through no act or omission of the Regents or its Affiliates, agents or employees ; ( c ) information received by the Regents or its Affiliates from a third party who did not re ceive such information under an obligation of confi dentiality to Wellstat or its Affiliates ; ( d ) information which i s required to be disclosed by the Regents to comply with applicable laws or regulations ( including the Calif ornia Public Records Act ) ; or ( e ) information that the Regents can establish by written records was in its possess ion at the time of disclosure to the Regents or its Affiliates ; provided, that ( i ) the exception described in subpa ragraph ( e ) does not apply to information received by the Regents or its Affiliates as a result of the Litiga tion or to information relating to Acylated Pyrimid ines that * CONFIDENTIAL TREATMENT REQUESTED 129 the Regents or its Affiliates, agents or employees previously has received from Wellstat or [COMPANY] a nd ( ii ) Proprietary Information shall not be deemed to be i n the public domain merely because part of such Pro prietary Information is embodied in general disclosures or b ecause individual features, components or combinati ons of such Proprietary Information are now or become know n to the public