definiens: means any product or part thereof in the Licensed Field of Use, the manufacture, use, sale, offer for sale, or importation of which : ( a ) Is covered by a valid, enforceable claim of an issued, unexpired Licensed Patent(s ) directed to the Invention(s ) . A claim of an issued, unexpired Licensed Patent(s ) shall be presumed to be valid and enforceable unless and until it has been held to be invalid or unenforceable by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken ; or ( b ) Is covered by any claim being prosecuted in a foreign pending application ( other than in Japan ) within the Licensed Patent(s ), which application has not been pending for more than seven ( 7 ) years, the pendency being measured from the filing date ofthe first application in that country ( including the international filing date of a PCT application designating that country ) from which the application claims priority or benefit ; or ( c ) Is covered by any claim being prosecuted in a U.S. or Japanese pending application within the Licensed Patent(s ), which application has not been pending for more than ten ( 10 ) years, the pendency being measured from the filing date of the first application in that country ( including the international filing date of a PCT application designating that country, but not including the filing date of any provisional application ) from which the application claims priority or benefit