definiens: means a ( a)claim of an issued and unexpired Patent included within the Collaboration Intellectual Property or the Cerulean Background Intellectual Property that ( in either case ) ( i)covers the Practice of the relevant Licensed Product in the relevant jurisdiction ; ( ii ) has not been irrevocably or unappealably disclaimed or abandoned, or been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction ; and 12 Confidential EXECUTION COPY ( iii ) has not been admitted to be invalid or unenforceable through reissue, disclaimer, or otherwise ; or ( b ) a claim included in a patent application that ( i)would cover the practices of the relevant Licensed Product in the relevant jurisdiction if such claim w as to issue ; and ( ii)has not been cancelled, withdrawn or abandoned, nor been pending for more than [ * * ] years from the earliest filing date to which such patent application or claim is entitled