definiens: means ( i ) a claim of an unexpired issued or grantedPatent within any of the Assigned Patents or the RHOFADE Licensed Patents, solong as the claim has not been revoked or held invalid, unpatentable, orunenforceable as determined by a Governmental12CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THISEXHIBIT BECAUSE IT IS BOTH ( I ) NOT MATERIAL AND ( II ) WOULD BECOMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED . OMISSIONS AREDESIGNATED [ * * * ] Authority of competent jurisdiction from whose judgement no appeal is allowed ortimely taken, and has not been abandoned, disclaimed, denied, held or admitted to beinvalid, unpatentable or unenforceable through reissue, reexamination, disclaimer, opposition procedure, nullity suit, or otherwise or ( ii ) a claim of a pending Patentapplication within any of the Assigned Patents or the RHOFADE Licensed Patentsthat has not been pending for more than seven ( 7 ) years from the earliest claimedpriority date which has not been cancelled, withdrawn, or abandoned or finallyrejected by a Governmental Authority of competent jurisdiction from whose judgementno appeal is allowed or timely taken