definiens: shall mean ( a ) any clai m in an issued, unexpired patent of the CVT Patent Rights that ( i ) has not been cancelled, withdrawn, abandoned, disclaimed, denied or rejected by any administrative agency or other body of competent jurisdiction ; and ( ii ) has not been revoked, held or adm itted to be invalid, or declared unpatentable or unenforceable in a decision of a court or other body of competent jurisdiction that is unappealable or unappealed within the time allowed for appeal ; and ( iii ) has not been rendered unenforceable through dis claimer or otherwise ; and ( iv ) has not been lost through an interference proceeding ; and ( v ) provides enforceable rights with respect to the exclusive sale of the Product in the Territory ; or ( b ) any claim in any pending application of CVT Patent Rights wh ich ( i ) has neither been abandoned nor been pending for more than five ( 5 ) years and ( ii ) would provide rights with respect to the exclusive sale of the Product in the Territory if it should issue ; or ( c ) with respect to the Product, any applicable marketi ng, data protection or other exclusivity provision for the Product under applicable Law anywhere in the Territory