definiens: shall mean, with respect to a Licensed Product in a particular country, any claim of a Licensed Patent, a Joint Patent or an [COMPANY] Patent that claims ( i ) the Licensed Compound included in such Licensed Product as a composition of matter ; ( ii ) the formulati on of such Licensed Product or ( iii ) a method related to, or a use of, the Licensed Compound or Licensed Product ; provided such claims were filed contemporaneously with, or after, the claims described in clause ( i ) above ; and provided, further, that a claim described in either clause ( ii ) or clause ( iii ) above could t I I 1, CONFIDENTIAL TREATMENT REQUESTED Page 17 of 100 be reasonably considered to be the reason that generic competition ( as defined in Section 10.5.1 ( a » has not occurred, as determined on a country - by - country basis, and either : ( a ) with respect to a granted and unexpired Licensed Patent, Joint Patent or [COMPANY] Patent in such country, ( i ) has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is unappealable or unappea\ed within the time allowed for appeal, and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; or ( b ) with respect to a pending Licensed Patent, Joint Patent or [COMPANY] Patent application, was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibility of appeal or re - filing of the application, provided that such claim has not been pending for more than ~even ( 71 years