definiens: means, with respect to any jurisdiction in the Terr itory, ( a ) a claim of an issued and unexpired Patent ( as may be extended through su pplementary protection certificate or patent term e xtension or the like ) that has not been cancelled, revoked, held invalid or unenforceable by a decision of a pa tent office or other Government Authority of competent jurisdictio n from which no appeal can be taken ( or from which no appeal was taken within the allowable time period ) and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re- examination or disclaimer or otherwise ; ( b ) a claim of a Patent application pending for no more than [ * * * ] years th at has not been cancelled, withdrawn or abandoned o r finally rejected by an administrative agency action from wh ich no appeal can be taken ; or ( c ) any Know - How not in the public domain ; in each of case ( a ) and ( b ) which su ch claim the JDC reasonably determines to be infrin ged by ( i ) Everest ’s Manufacturing, selling or offering for sa le of the Compound or a Licensed Product and/or ( ii ) NPLH ’s Manufacturing, selling or offering for sale of the Compound or a Licensed Product ; and in the case of ( c ), which Know - How the JDC reasonably determines to be necess ary to ( i ) Everest ’s Manufacturing, selling or offe ring for sale of the Compound or a Licensed Product and/or ( ii ) NPLH ’s Manufacturing, selling or offering for s ale of the Compound or a Licensed Product