definiens: means a claim of : ( a ) an issued and unexpired Patent ( including the term of any patent term extension, supplemental protection certificate, renewal or other extension ) within the [COMPANY] Patents, [COMPANY] Patents, or JointPatents, that has not been held unpatentable, invalid or unenforceable in a final decision of a court or othergovernment agency of competent jurisdiction from which no appeal may be or has been taken, and that has not beenadmitted to be invalid or unenforceable through reissue, re - examination, disclaimer or otherwise ; or ( b ) a pendingPatent application within the [COMPANY] Patents, [COMPANY] Patents, or Joint Patents that has not been irretrievablycancelled, withdrawn or abandoned ; provided, however, that if a claim of a pending patent application within theXencor Patents, [COMPANY] Patents, or Joint Patents shall not have issued within 7 years after the earliest filing date fromwhich such claim takes priority, such claim shall not constitute a Valid Claim for the purposes of this Agreementunless and until a Patent issues with such claim ( from and after which time the same would be deemed a Valid Claimsubject to the first sentence of the definition above )