definiens: means with respect to any DiCE Patent, [COMPANY] Patent or Program Patent, a claim of ( a ) any issued and unexpiredPatent or ( b ) a pending application for a Patent that has not been pending for more than seven ( 7 ) years from its earliest priority date existingin the country in the Territory in which the Collaboration Product is manufactured, used or sold to a Third Party, in each case, which claimcovers the applicable Collaboration Product or its Manufacture, use, offer for sale, sale or importation, in each case the validity, enforceabilityor patentability of which has not been revoked, found or held unenforceable, invalid or unpatentable by a court, governmental agency, nationalor regional patent office or other appropriate body having competent jurisdiction in a decision for which no appeal can or has been taken, andwhich has not been affected or rendered unenforceable through disclaimer, irretrievable lapse, abandonment or dedication to the public