definiens: [ * * * ] .1.61 . means a claim of an issued and unexpired patent or patent application included in a Patent, which claim has not been revoked or held invalid or unenforceable by a court or other government agency ofcompetent jurisdiction or has not been held or admitted to be invalid or unenforceable through re - examination ordisclaimer, reissue, opposition procedure, nullity suit or otherwise . Notwithstanding the foregoing, if a claim of apending patent application within a Patent has not issued as a claim of a patent within [ * * * ] after the filing date fromwhich such claim takes priority, such claim shall not be a Valid Claim for the purposes of this Agreement, unless anduntil such claim issues as a claim of any issued patent ( from and after which time the same would be deemed a ValidClaim subject to the first sentence of the definition above ) . With respect to a claim of a pending patent application, thephrase to shall mean to engage in activity that would infringe such claim if it were contained inan issued patent