definiens: means a claim of ( i ) an issued and unexpired paten t included within the Patent Rights unless the claim has been held unenforceable or inv alid by the final, un - reversed, and un - appealable decision of a court or other government body of com petent jurisdiction, has been irretrievably abandon ed or disclaimed, or has otherwise been finally admitt ed or determined to be invalid, un - patentable, or unenforceable, whether through reissue, reexaminati on, disclaimer or otherwise, or ( ii ) a pending pate nt application within the Patent Rights, which has not been irrevocably cancelled, withdrawn or abandoned, provided that, if a claim of pending patent applica tion has not issued as a claim of an issued patent within [ * * * ] years after the filing date from which such c laim takes priority, then such pending claim shall not be a Valid Claim for purposes of this Agreement