definiens: shall mean a claim or pending claim of an [COMPANY] Patent, which claim or pending claimhas not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmentalagency of competent jurisdiction, which is not appealable or has not been appealed within the time allowed for appeal, and which has not been cancelled, withdrawn from consideration, determined to be unallowable, abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer ; provided, however, that if the holding of such court or agency is later reversed by a court or agency with overriding authority, theclaim shall be reinstated as a Valid Claim with respect to Net Sales made after the date of such reversal ; providedfurther, however, on a country - by - country basis, a claim of a patent application pending for more than [ * * * ] shall not beconsidered to be a Valid Claim for purposes of this Agreement unless and until a patent with respect to suchapplication issues with such claim, in which case such claim will be reinstated and be deemed to be a Valid Claim, but only as of the date of issuance of such patent