definiens: means, with respect to any country, a claim of : ( a ) an issued and unexpired patent ( as may beextended through supplementary protection certificate or patent term extension or the like ) in such country provided that anysuch patent has not been revoked, held invalid or unenforceable by a patent office, court or other governmental agency ofcompetent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within theallowable time period ), provided that such claim has not been disclaimed, denied or admitted to be invalid or unenforceablethrough reissue, re - examination or disclaimer or otherwise ; or ( b ) a pending patent application which has not been revoked, cancelled, withdrawn, held invalid or abandoned and which has not been pending for more than [ * ] from the date of [ * ] insuch country, in each case included within Portola Patents, Joint Patents or [COMPANY] Idec Patents