definiens: shall mean any and all knowledge, information, expertise, results, improvements or inventions ( whether patentable or not ), and all related intellectual property rights, Made Jointly by the Parties or individually by one ( 1 ) of the Parties as a part of the Development Program under the Development and License Agreement prior to the Original Effective Date and which relate to the Packaged Product ( except as specified with respect to the Program Compounds, formulations thereof or the interactions between materials and such formulations ) and the Device ; provided that [COMPANY] Background IPR shall not include any Transferred Patents or Transferred Selected Pulmonary Delivery Patents or knowledge, information, expertise, results, improvements or inventions, or related intellectual property with respect to the Transferred Patents or Transferred Selected Pulmonary Delivery Patents . The [COMPANY] Background IPR shall be included within the AIadigm Patent Rights or [COMPANY] Know - How, as applicable