definiens: shall mean a claim of an issued a nd unexpired patent or a claim of a pending patent application which has not been held unpatentable, i nvalid or unenforceable by a court or other governm ent agency of competent jurisdiction and has not been a dmitted to be invalid or unenforceable through reis sue, re - examination, disclaimer or otherwise ; provided, how ever, that if the holding of such court or agency i s later reversed by a court or agency with overriding autho rity, the claim shall be reinstated as a Valid Clai m with respect to Net Sales made after the date of such re versal . Notwithstanding the foregoing provisions of this Section 1.33, if a claim of a pending patent applic ation within the Patent Rights has not issued as a claim of an issued patent within the Patent Rights, within seve n ( 7 ) years after the filing date from which such c laim takes priority, such pending claim shall not be a Valid C laim for purposes of this Agreement