definiens: means ( a ) a claim of any i ssued and unexpired Subject Patent whose validity, enforceability or patentability has not b een affected by any of the following : ( i ) irretriev able lapse, abandonment, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding or decisi on of invalidity, unenforceability or non - patentability b y a court, government authority, national or region al patent office or other appropriate body that has competent jurisdiction, such holding, finding or decision be ing final and unappealable or unappealed within the time allowed for appeal ; or ( b ) a claim of a pending application included within the definition of that was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibi lity of appeal or refiling of the application and h as not been canceled, withdrawn from consideration, finally det ermined to be unallowable by the applicable governm ental authority or court for whatever reason ( and from wh ich no appeal is or can be taken ), or abandoned ; ex cept that, if such claim has not issued within [ * * * ] after the earliest filing date from which such claim takes p riority, then such claim will cease to constitute a Valid Claim f or the purposes of this Agreement unless and until such claim issues, at which time such claim will constitute a Valid Claim pursuant to the foregoing clause ( a ) ; p rovided that, notwithstanding the foregoing exception, such claim of a pending application that issues after [ * * * ] a fter the earliest filing date from which such claim takes pr iority shall not qualify as a Valid Claim with resp ect to Covering a given Product in a given country in the event that, on the date of issuance ( if any ) of suc h pending claim in such country, ( x ) such Product has been co mmercially launched in such country and ( y ) there a re no Valid Claims Covering such Product in such country pursuant to the foregoing clause ( a )