definiens: means, w ith respect to Product in a particular Jurisdiction, an y claim of a Patent that either : ( a ) w ith respect to a granted and unexpired Patent i n su ch Juri sd iction, t hat ( i ) has not been held perman entl y revoked, unen forcea bl e or in vali d by a decision of a court or ot her Government al Entit y of comp etent juri sd iction, w hi ch decisi on i s un appeala b le or unappealed w i t hin the time allowed for appea l, and ( ii ) has not been abandoned, discl aimed, denied or adm ilted to be invalid or unenforcea b l e t h rough rei ssue or di scla imer or other w i se ; or ( b ) w i th respect to a pending Paten t applicat io n, that was fi led and is bei n g prosecuted in good fait h and has n ot been aba ndoned or finall y disa l lowed wi thout the possi bil ity of appeal or re - fi ling of the appli cation and h as not been on f il e w i th an appli cable patent offi ce for m ore than seven ( 7 ) years from the earlier of i ts date of filin g or earli est claim of pri ority under 35 USC § 11 9 or§ I20 and its success ors in the United States or their eq ui va lents in the cpyl icable country