definiens: means a pending or issued claim of a patent or patent application within the ADVENTRX Patentswhich : ( a ) has not been held invalid by a court or other government agency of competent jurisdiction in a decision from whichno appeal can or has been taken ; and ( b ) has not expired or been cancelled, withdrawn or abandoned . With respect to a ValidClaim of a pending patent application, the phrase to means to engage in an activity that wouldinfringe ( i.e., by either directly infringing, contributorily infringing, or inducing infringement of ) such Valid Claim if it werecontained in an issued patent . With respect to any jurisdiction in which a Supplementary Protection Certificate is in existencethat provides exclusivity substantially similar in scope to a Valid Claim that has expired in such jurisdiction, a Valid Claimshall be deemed to exist in such jurisdiction for the life of such Supplementary Protection Certificate