definiens: means any claim of ( a ) an issued and unexpired patent or ( b ) a pending patentapplication, in each case included within ( i ) the [COMPANY] Patent Rights, which are necessary for or used by DS orits Related Parties to carry out the Research Program or to develop, manufacture or commercialize Antibodies orProducts, for purposes of Section 5.7.2 and the Product Royalty Term, ( ii ) the Research Program Patent Rights, which are necessary for or used by DS or its Related Parties to carry out the Research Program or to develop, manufacture or commercialize Antibodies or Products, for purposes of Section 5.7.2 and the Product Royalty Term, or(iii ) the DS Patent Rights, which are necessary for or used by [COMPANY] or its Related Parties to carry out theResearch Program or to develop, manufacture or commercialize [ … * * * … ] Antibodies or [ … * * * … ] Products, forpurposes of Section 5.8.2 and the [ … * * * … ] Product Royalty Term ; provided that such claim has not been abandoned, revoked or held unenforceable, invalid or unpatentable by a court or other government body of competent jurisdictionwith no further possibility of appeal and which claim has not been disclaimed, denied or admitted to be invalid orunenforceable through reissue, re - examination or disclaimer or otherwise . A claim within a pending patent applicationthat has been pending issuance for more than [ … * * * … ] from the date of filing of the earliest priority patent applicationto which such pending patent application is entitled shall not be a Valid Patent Claim, unless and until it issues