definiens: means a claim of an issued and unexpired patent, or a claim of a pending patent ap plication, within the Faes Licensed Patents, which claim has n ot been held invalid, unpatentable or unenforceable by a court or other government agency of competent juris diction from which no appeal can be further taken, and has not been held or admitted to be invalid, unpatentab le or unenforceable through abandonment, re - examina tion or disclaimer, opposition 11 * [ NOTE : CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN MARKED TO INDICATE THAT CONFIDENTIAL INFORMATION HAS BEEN OMITTED . CON FIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THIS CONFIDENTIAL INFORMATIO N. THE CONFIDENTIAL PORTIONS HAVE BEEN PROVIDED SEPARATELY TO THE SECUR ITIES AND EXCHANGE COMMISSION . ] procedure, nullity suit or otherwise, which claim c overs or claims an Inspire Licensed Product or its manufacture or use ; provided, however, that if a claim of a pen ding patent application shall not have issued withi n [ CONFIDENTIAL ] after the filing date from which suc h claim takes priority such claim shall not constit ute a Valid Claim for the purposes of this Agreement unle ss and until such claim shall issue