definiens: means a claim of an issued, unexpired Patent or a bona fide Patent application filed in goodfaith by POZEN with the reasonable belief that any resulting Patent would be enforceable and valid, whichPatent has not been revoked, held to be invalid or unenforceable by a final judgment of a court or otherGovernmental Authority of competent jurisdiction from which no appeal can be or is taken within the timeallowed for appeal and which has not been admitted to be invalid or unenforceable through reissue, re - examination, disclaimer, post - grant review, inter - parties review or otherwise ( a ) that would be infringed ( otherthan under Section 271(g ) of 35 U.S.C. ) by the offer for sale, sale, import or use of the applicable LicensedProduct in the Territory ( in the absence of the licenses granted herein ) or ( b ) that would be literally infringed inthe Territory by the Manufacture of the applicable Licensed Product by or on behalf of Licensee using thethen - current manufacturing process ( in the absence of the licenses granted herein ) ; provided, however, thatnotwithstanding anything to the contrary in clause ( b ) above, in the event that ( i ) the only Valid Claim is a [ * * * ] claim ( a ) and ( ii ) [ * * * ] such [ * * * ] Claim, then, for purposes of clause ( b ) above, such [ * * * ] Claim shall not be deemed to be a Valid Claim ; provided further, however, that any claim in a pending Patentapplication that does not issue as a patent claim within [ * * * ] years after the filing date of such application, shall not be a until such claim issues as a Patent claim