definiens: shall mean ( i ) any claim of an issued and unexpired Licensor Patent Right, which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction in a decision that is not appealed or can not be appealed, and which has not been disclaimed or admitted to be invalid or unenforceable through reissue or otherwise ; or ( ii ) a pending claim in a pending patent application withi n the Licensor Patent Rights . Notwithstanding the foregoing clause ( i ), in the event that a pending c laim in a pending application does not issue as a valid and enforceable claim in an issued patent within eight ( 8) years after the earliest date from which such paten t application claims priority, such a pending claim w ill not be a Valid Claim, unless and until such pending claim subsequently issues as a valid and enforceabl e claim in an issued patent, in wh ich case such claim will be reinstated and be deemed to be a Valid Claim as of the date of issuance of such patent