definiens: means, with respect to a particular country, ( a ) a claim in an issued and unexpired Patent within the Licensed Intellectual Property, Foregrou nd IP or Joint IP ; or ( b ) claim in an issued and un expired Patent within the [COMPANY] Improvement IP and which Covers a Co mpound which has not resulted from a Research Progr am but [COMPANY] has elected to designate as a Licensed Prod uct under Section 1.58(e ) ; in each case in such cou ntry that has not lapsed or been disclaimed, revoked, held un enforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowe d for appeal, and that has not been admitted to be invali d or unenforceable through re - examination, re - issue, disclaimer or otherwise, or lost in an interference proceeding