definiens: valid Claim " means, Compound or the Product, any of ( a ) a claim of an issued been canceled or become abandon invalid by an unreversed and un a court or other appropriate bo Vion Trademarks and the BI o the extent covering the atent which claim has not lapsed, d and has not been declared pealable decision or judgment of of competent jurisdiction, and I~ ! I l, r which has not been admitted t be invalid or unenforceable through reissue or disclaimer ; ( b ) a claim of a pendin patent application to the extent the invention described in su h claim has not been abandoned or finally disallowed ; or ( c ) a marketing exclusi ( i ) a designation as a drug f Sections 526 et . al . of the F any country outside the Unite to sell under an NDA pursuant ( or the equivalent rights in a States ), or ( iii ) any other ap ity right conferred as a result of r rare diseases or condition under C Act ( or the equivalent rights in States ), ( ii ) an exclusive right o section 505(j ) ( 4 ) of the FDC Act y country outside the United licable law