definiens: shall mean ( i ) any claim of an issued and unexpired patent included under the [COMPANY] Product Patents that has not been revoked or held unenforceable or invalid by a decision of a court or other governmental authority of competent jurisdiction or unappealed within the time allowable for appeal, and that has not been explicitly disclaimed, or admitted by [COMPANY] to be invalid or unenforceable or of a scope not covering the Product through reissue, disclaimer or otherwise, and ( ii ) any claim of a pending application included under the [COMPANY] Product Patents being prosecuted in good faith that has not been abandoned or finally rejected and that has been pending for not more than six ( 6 ) years after the filing date from which such claim takes priority . For clarity, any claim of a patent or patent application included under the [COMPANY] Product Patents that ceases to be a Valid Claim as a result of pending too long or otherwise, but subsequently issues and is otherwise described by clause ( i ) of the foregoing sentence shall be a Valid Claim for purposes of this definition