definiens: means any material or product, that but for the license granted inthis Agreement, would infringe a VALID CLAIM in REGENTS ’ PATENT RIGHTS in that country in which theLICENSED PRODUCT is made, used, offered for sale, sold, or imported . For purposes of this agreement, means : ( a ) a claim of an issued, unexpired patent under REGENTS ’ PATENT RIGHTS, which hasnot been abandoned or disclaimed, provided that a claim of an issued, unexpired patentunder REGENTS ’ PATENT RIGHTS will be presumed to be valid unless and until it hasbeen held to be invalid or unenforceable by a final judgment of a court of competentjurisdiction from which no appeal can be or is taken, or ; ( b ) a pending claim being prosecuted in a pending patent application under REGENTS’PATENT RIGHTS, provided that if such pending claim has not issued as a claim of anissued patent within five ( 5 ) years after the filing date from which such patent applicationtakes priority, such pending claim shall not be a VALID CLAIM for the purposes of thisAgreement unless and until, subsequent to such five ( 5 ) year period, such pending claim isissued as a claim of an issued and unexpired patent