definiens: shall mean a pending or issued claim of a Patent within the [COMPANY] Idec Patents which : ( a ) has not beenheld unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction in a decisionfrom which no appeal can or has been taken ; and ( b ) which has not been admitted to be invalid or unenforceable throughreissue, re - examination, disclaimer or otherwise, by a court or other governmental agency of competent jurisdiction, in adecision that is unappealable or unappealed ; and ( c ) has not expired, been determined to be unenforceable, been cancelled, withdrawn, abandoned . Notwithstanding the foregoing, if a claim of a pending patent application within the [COMPANY] IdecPatents has not issued as a claim of a patent within the following time periods in the following jurisdictions, such claim shallnot be a Valid Claim for the purposes of this Agreement, unless and until such claim issues as a claim of an issued patent ( fromand after which time the same shall be deemed a Valid Claim subject to paragraphs ( a ) and ( b ) above ): ( i ) if filed in Japan, thirteen ( 13 ) years after the PCT filing date, or ( ii ) if filed anywhere else in the world, ten ( 10 ) years after the PCT filing date