definiens: means ( a ) any claim of an issued and unexpired pa tent within the Transferred Patent Rights that has not been held unpatentable, invalid or unenforceable by a decision of a Court o r other Governmental Entity of competent jurisdiction, unap pealable or unappealed within the time allowed for appeal, and which has not been cancelled, withdrawn, revoke d, abandoned or admitted to be invalid or unenforce able through reissue, disclaimer or otherwise, or ( b ) a claim of a pending patent application included with in the Transferred Patent Rights that is being prosecuted in good faith, which has not lapsed, been abandoned, been cancelled or revoked, or been deemed unenforceable or invalid by a non - appealable decision or an appea lable decision from which no appeal was taken within the time allowed for such appeal of a Court or other Go vernmental Entity of competent jurisdiction, which claim has n ot been pending for more than [ * * * ] years from the actual filing date