definiens: means, with respect to any country, a claim of an issued and unexpired patent ( as may be extended through supplementary protection certificate or patent term extension or the like ) or a pending ( no more than [ * * * ] ) patent application included within Port ola Patents, Joint Patents or Dermavant Patents, which claim has not been revoked, held invalid, unpatentable, or unenforceable by a patent office, court or other governmental agency of competent jurisdiction in a final and non -appealable judgment ( or judg ment from which no appeal was taken within the allowable time period ) and which claim has not been disclaimed, denied or admitted to be invalid, unpatentable, or unenforceable through reissue, re - examination or disclaimer or otherwise ; provided, however, that if a patent application pending more than [ * * * ] later issues, such claims shall be considered Valid Claims as of the date on which such claims were pending for [ * * * ] and Portola ’s rights to any payments by reason of any such claim shall accrue without any interruption ( including, if applicable, retroactively during the period of time between ( a ) the date on which such claim was pending for [ * * * ] and ( b ) the date such claim issues