definiens: shall mean a claim of an issued and unexpired patent or a claim of a pending patent application which has not been held unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction and has not been admitted to be invalid or unenforceable through reissue, re -examination, disclaimer or otherwise ; provided, however, that if any holding of invalidity, unenforceability or unpatentability is later reversed by a court or agency with overriding authority, the relevant claim shall be reinstated as a Valid Claim hereunder with -2- 3 respect to sale s made after the date of such reversal . Notwithstanding the foregoing provisions of this Section 1.10, if a claim of a pending patent application has not issued as a claim of an issued patent, within five ( 5 ) years after the date from which such claim take s priority, such pending claim shall not be a Valid Claim for purposes of this Agreement unless and until the patent is issued including such claim