definiens: shall mean all intellectual property and technical know - how, including all rights indiscoveries, knowledge, experience, improvements, processes, products, reports, models, codes, inventions, worksof authorship, trade secrets, pending patent applications, patents, including without limitation, the following patents : U.S. Patent 5,409,905 ( as revised by Re - Examination SN90/004,518 ) ; 5,095,035 ; 5,002,970 ; and 4,956,385 ; andCanadian Patent 2,099,670, copyrights, or other proprietary information ( whether or not patentable, copyrightable orthe subject of any other type of intellectual property protection ) that is owned by EBY concerning zinc and thecommon cold . In addition, developed under that certain Consulting Agreement, by and betweenEby and [COMPANY], dated as of the date hereof ( the ), as that term is defined in the ConsultingAgreement, shall be included within 1.9 shall mean the technology, trade secrets, know - how and other proprietaryinformation and other information used for the manufacture, packaging, release testing, validation, stability and shelflife of Licensed Products that are in existence and in the possession of, under the control of, or accessible to, theEBY as of the date of this Agreement, including, without limitation, all ( i ) current manufacturing processes, ( ii ) currenttest methods, ( iii ) current specifications for raw materials, ( iii ) current manufacturing and packaging instructions, ( iv)the most recently available chemical, pharmacological, toxicological, safety, quality control and clinical data, ( iv)current master formulae, ( v ) validation reports, ( vi ) stability data, ( vii ) analytical methods, ( viii ) records of complaintsfrom the twenty - four ( 24 ) month period ending as of the date of this Agreement, ( ix ) annual product reviews from theprior twenty four ( 24 ) months, and ( x ) other master documents necessary for the manufacture, control and release ofLicensed Products as conducted by, or on behalf of, EBY