definiens: means any claim(s ) in an unex pired patent or pending in a patent application included within the Licensed Patents which has not been held unenforceable, unpatentable, or invalid b y a decision of a court or other governmental agency of competent 2 jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been ad mitted to be invalid or unenforceable through reissue or disc laimer . If in any country there should be two or mo re such decisions conflicting with respect to the validity of the same claim, the decision of the higher or hi ghest tribunal shall thereafter control ; however, should the tribu nals be of equal rank, then the decision or decisio ns upholding the claim shall prevail when the conflicting decisi ons are equal in number, and the majority of decisi ons shall prevail when the conflicting decisions are unequal in number