definiens: means a claim of : ( a ) an issued and unexpired patent which ( i ) covers the Manufacture or Commercialization of a [ * * ] Product or an RNAi Therapeutic Product, as the case may be ; ( ii ) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is not appealable or has not been appealed within the time allowed for appeal, and ( iii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer or otherwise, or ( b ) a [ * * ] within the Territory, which covers the [ * * ] of a [ * * ] Product or an RNAi Therapeutic Product, as the case may be, that has been [ * * ] years from the earliest date [ * * ] and such [ * * ]