definiens: shall mean all technical information relating to Studies, including where appropriate and without limitation, any information, patent disclosure, patent applications, know - how, inventions, structures, models, techniques, processes, compositions, formulae, compounds, apparatuses, strategies, and business and financial data relating to the Studies disclosed by [COMPANY] or JWCI to Synteract or obtained by Synteract through observation or examination of information, developments or demonstrations . Confidential Information shall not include such information as Synteract can establish by written documentation to : ( 1 ) have been publicly known ; ( 2 ) have become publicly known, without fault on the part of Synteract, subsequent to disclosure by [COMPANY] or JWCI of such information to Synteract ; ( 3 ) have been otherwise known to Sy nteract prior to communication by [COMPANY] or JWCI to Synteract of such information ; or ( 4 ) have been received by Synteract at any time from a source other than [COMPANY] or JWCI lawfully having possession of such information