definiens: means a decision ( i ) by a court of competent jurisdiction, or ( ii ) by the United States Patent and Trademark Office in an inter partes review, post grant review, or other similar proceeding proceeding, in each of clauses ( i ) and ( ii ) on the merits ( e.g., after a trial or summary judgment motion ) of the asserted patent claims, whereby such court enters final judgment of invalidity, unenforceability and/or non -infringement ( as applicable ) from which no appeal ( other than a petition to the United States Supr eme Court for a writ of certiorari ) has been or can be taken . For the avoidance of doubt, any settlement, consent judgment entered as part of any settlement, withdrawal or dismissal of any action or dispute without a decision on the merits of the asserted patent claims ( whether such settlement, consent judgment, withdrawal or dismissal is with or without prejudice, and whether or not such claims may be relitigated ) shall not be deemed a Final Court Decision