definiens: means, as to a Licensed Product, on a country - by - country basis, ( a ) an unexpired claim of anissued patent within the Licensed Patent Rights or Joint Patent Rights that ( i ) Covers themanufacture, use, offer for sale, sale or importation of such Licensed Product in such country, and ( ii ) has not lapsed or been revoked, withdrawn or found to be unpatentable, invalid orunenforceable by a decision of a court or other authority of competent jurisdiction in the subjectcountry, from which decision no further appeal can be taken, or with respect to which an appealis not taken within the time ( including any extensions ) allowed for appeal, and that has not beendisclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise or(b ) a claim of a pending patent application within the Licensed Patent Rights or Joint PatentRights that Covers the manufacture, use, offer for sale, sale or importation of such LicensedProduct in such country, which claim has not been revoked, cancelled, withdrawn or abandonedand that has not been pending for more than seven ( 7 ) years from the filing date of the earliestpatent application from which such pending claim derives priority