definiens: means any product, service, apparatus, kit or component part thereof or other material ( i ) produced by, or used in, the LICENSED METHOD or ( ii ) the manufacture, use, sale, offer for sale or importation of which in a particular country : ( a ) Is covered by a valid claim of an issued, unexpired patent under the REGENTS ' 10039299.02 -3 - CONFIDENTIAL EXHIBIT 10.13 PATENT RIGHTS in that country in which such patent has issued ( claim of an issued, unexpired REGENTS ' PATENT RIGHTS shall be presumed to be valid unless and until it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken ) or ; ( b ) Is covered by a pending claim being prosecuted in a pending patent application under the REGENTS ' PATENT RIGHTS in that country in which such application is pending