definiens: means an issued and unexpired claim of Patent, or a claim of a pending patent application, included in the [COMPANY] Patents withi n the Licensed Territory that : ( a ) has not been hel d unpatentable, invalid or unenforceable by a court o r other Governmental Authority of competent jurisdi ction in a decision from which no appeal can be or has been ta ken ; and ( b ) which has not been admitted to be inva lid or unenforceable through reissue, re - examination, disc laimer or otherwise . Notwithstanding the foregoing, if a claim of a pending patent application within the Op tiNose Patents has not issued as a claim of a paten t within [ * * * ] after the filing date from which such claim t akes priority, such claim shall not be a Valid Clai m for the purposes of this Agreement, unless and until such c laim issues as a claim of an issued patent ( from an d after which time the same shall be deemed a Valid Claim s ubject to ( a ) and ( b ) above )