definiens: means any claim ( including a process, use, or com position of matter claim ) ( a ) in an issued and unexpired patent within the Licens ed Patent Rights that ( i ) has not been finally canc elled, withdrawn, abandoned or rejected by any administrat i ve agency or other body of competent jurisdiction, and ( ii ) has not been revoked, held invalid, or declared unp atentable or unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable or u nappealed within the time allowed for appeal, and ( iii ) has not been rendered unenforceable through reissue, discla imer or otherwise, and ( iv ) has not been disclaimed or otherwise dedicated to the public, and ( v ) is not l ost through an interference proceeding, inter parte s review, post - grant review or opposition, and any appeals therefr om ; or ( b ) in any [ * * * ] within the Licensed Patent Rights that [ * * * ] . Anything contained in this Agreement to the contrary notwithstanding, if [ * * * ] is [ * * * ] from or otherwise [ * * * ] in [ * * * ] of a claim within an issued and unex pired U.S. patent included in the Licensed Patent R ights as a result of the operation of [ * * * ] or [ * * * ], such cla i m shall remain a Valid Claim for all purposes unde r this Agreement unless such [ * * * ] or [ * * * ] is attributabl e to [ * * * ]