definiens: means composition of matter claims, medical use claims or method of treatment claimsthat claim the Product or the medical use thereof or methods of treatment using the Product, excludingprocess or formulation claims, ( a ) of any issued, unexpired patent within the Regulus Patents, AstraZenecaProgram Patents or Joint Patents that has not been revoked or * * * Confidential Treatment Requestedheld unenforceable or invalid by a decision of a court or governmental agency of competent jurisdictionfrom which no appeal can be taken, or with respect to which an appeal is not taken within the time allowedfor appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) of any patent application within the Regulus Patents, [COMPANY] ProgramPatents or Joint Patents that has not been cancelled, withdrawn or abandoned, or been pending for more than [ … * * * … ] years