definiens: means the territories covered by subsisting Patents ; the recipient of a sub -license of any of the licenses 9 granted to the Licensee by [COMPANY] hereunder and shall be deemed to include any sub - sub - licensee of the licence to the Licensee under the Agreement ; shall mean either : ( a ) a claim of an issued and unexpired patent included within the Patents, which has not been permanently revoked, or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, whose decision is unappealable or un - appealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; or ( b ) a claim of a pending patent application include d within the Patents which claim was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibility of appeal or refiling of the application