definiens: shall mean a claim of an issued and unexpired pat ent or a claim of a pending patent application within the Patent Righ ts which has not been held unpatentable, invalid or unenforceable by a court or other government agency of competent final jurisdiction and has not been a dmitted to be invalid or unenforceable through reissue, re - exa mination, disclaimer or otherwise ; provided, howeve r, that if any holding of invalidity, unenforceability or unpa tentability is later reversed by a court or agency with overriding authority, the relevant claim shall be reinstated a s a Valid Patent Claim hereunder with respect to sa les made after the date of such reversal . Notwithstanding the fore going provisions, if a claim of a pending patent ap plication has not issued as a claim of an issued patent within [ * * * ] years after the date from which claim takes priorit y, such pending claim shall not be a Valid Patent Claim for purposes of this Agreement, unless and until the p atent is issued including such claim