definiens: means any confi dential or proprietary information furnished by one Party to the other Party in connection with this Agreement, provided that such information is ( i ) specifically designated as confidential or ( ii ) reasonably identifiable by an individual familiar with the industry as confide ntial or proprietary . Confidential Information includes : ( a ) non - public information disclosed by Licensee to Licensor in reports submitted by Licensee to Licensor pursuant to Section 3.2, 3.3 or 4.6(a ) and through audits conducted by Licensor pursuant to Section 4.6(b ) ; ( b ) non - public information disclosed by Licensor to Licensee in reports submitted by Licensor to Licensee pursuant to Section 3.3 ; and ( b ) non - public information disclosed by Licensor to Licensee relating to patent application prosecu tion files for the Licensed Patent Rights