definiens: ) dated Apri115, 2004, as amended through the Execution Date . 1.91 means, with respect to any country in the Cypress Territory : ( a ) a claim of an issued and unexpired patent ( as may be extended through supplementary protection EXECUTION COPY certificate or patent term extension or the li ke ) inclu ded within the [COMPANY] Patents, the b ' ' ' ' Cypress Paten ts or the Joint Patents to the extent such cl ai m has not been ( i ) held invalid or unenforceable by a non- appea led or un - a ppeal able decision of a court or government agency or other appropriate body of competent jurisdiction and has not been admitt ed invalid through disclaimer or dedica tion to the public, and ( ii ) has not expired, been determined to be unenforcea ble, been cancelle d, wit hdrawn, abandone d, or ( b ) a claim of a pending patent application inclu ded within the [COMPANY] Patents, the Cypress Pa tents or the Joint Patents