definiens: means ( a ) an issued claim of an issued patent within the Licensed Patent Rights, which has not ( i ) expir ed or been canceled, ( ii ) been declared invalid by an unreversed and unappeal able decision of a court or other appropriate body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaime r or otherwise, and/or ( iv ) been abandoned in accordance with or as permitted b y the terms of this Agreement or by mutual written agreement ; or ( b ) a claim incl uded in a pending patent application within the Licensed Patent Rights that is being actively prosecuted in accordance with this Agreement and which has not been ( i ) canceled or withdrawn from consideration, ( ii ) finally determin ed to be unallowable by the applicable governmental authority ( and from which n o appeal is or can be taken ), or ( iii ) abandoned in accordance with or as permitt ed by the terms of this Agreement or by mutual written consent