definiens: shall mean on a country by country basis : ( a ) a c laim of any issued, unexpired patent included in the Licensed Patent Ri ghts that has not been revoked or held unenforceabl e or invalid by a decision of a court or governmental ag ency of competent jurisdiction from which no appeal can be taken, or with respect to which an appeal is not ta ken within the time allowed for appeal, and that ha s not been disclaimed or admitted to be invalid or unenforceab le through reissue, disclaimer or otherwise ; or ( b ) a claim of any pending or published patent application include d in Licensed Patent Rights that has not been cance lled, withdrawn or abandoned and that has not been pendin g for more than ten ( 10 ) years from the filing date of the earliest patent application that is within the same patent family as such pending or published applica tion, provided however that the rights granted to License e and its Affiliates include rights under all such pending claims in Licensed Patent Rights during such penden cy . For purposes of clarification, if a claim in an application has been pending for more than ten ( 10 ) years from the earliest such pending or published application within the same such patent family ’s priority date, and a pate nt subsequently issues containing such claim, then upon issuance of the patent, the claim shall thereafter be considered a Valid Claim