definiens: shall mean a claim or pending claim of an [COMPANY] Patent, whichclaim or pending claim has not been revoked or held unenforceable, unpatentable or invalid by adecision of a court or other governmental agency of competent jurisdiction, which is notappealable or has not been appealed within the time allowed for appeal, and which has not beencancelled, withdrawn from consideration, determined to be unallowable, abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer;provided, however, that if the holding of such court or agency is later reversed by a court oragency with overriding authority, the claim shall be reinstated as a Valid Claim with respect toNet Sales made after the date of such reversal ; provided further, however, on a country - by - country basis, a claim of a patent application pending for more than [ * * * ] shall not be consideredto be a Valid Claim for purposes of this Agreement unless and until a patent with respect to suchapplication issues with such claim, in which case such claim will be reinstated and be deemed tobe a Valid Claim, but only as of the date of issuance of such patent