In der zwischen den Parteien abgeschlossenen Vertraulichkeitsvereinbarung vom 22. Oktober 2004 wird in Art. 3.2 (iii) ausdrücklich folgendes
definiert:

The present confidentiality undertaking shall not apply in respect of information:

(i) which is already known to; or in the possession of the receiving party prior to
receipt of the information;

(ii) which is legally received by a party from a third party without any confidentiality obligation;

(iii) which is in the public domain or enters the public domain through no wrongful
act of the receiving party;

(iv) which can be proven by the receiving party to have been developed independently of the confidential information.