definiens: shall mean either ( a ) a claim of an issued and unexpired patent within the [COMPANY] Patent Rights or ( ii ) the LNP Technology whichhas not been revoked or held permanently unenforceable, unpatentable or invalid by a decision of a court or other governmental agency ofcompetent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been found or admitted to beabandoned, disclaimed, denied, invalid or unenforceable through re - examination, reissue or disclaimer or otherwise, or ( b ) a claim of a pendingpatent application within ( i ) the [COMPANY] Patent Rights or ( ii ) the LNP Technology which application has not been pending for more than [ * * * * * ] from the date of its priority ﬁling date and which claim has not been irretrievably revoked, irretrievably cancelled, irretrievably withdrawn, heldinvalid or abandoned by a patent oﬃce, court or other governmental agency of competent jurisdiction in a ﬁnal and non - appealable judgment ( orjudgment from which no appeal was taken within the allowable time period ), or ﬁnally determined to be unallowable in a decision from which anappeal can not or can no longer be taken . For clarity, a claim of an issued patent that ceased to be a Valid Claim before it issued because it hadbeen pending too long, but subsequently issues and is otherwise described by clause ( a ), shall again be considered to be a Valid Claim once itissues . The same principle shall apply in similar circumstances such as if, for example ( but without limitation ), a ﬁnal rejection of a claim isovercome