definiens: means a claim of ( a ) an issued and unexpired patent included within the Licensed Patents, unlessthe claim has been held unenforceable or invalid by the final, un - reversed, and un - appealable decision of a courtor other government body of competent jurisdiction, has been irretrievably abandoned or disclaimed, or hasotherwise been finally admitted or determined to be invalid, unpatentable or unenforceable, whether throughreissue, reexamination, disclaimer or otherwise, ( b ) a pending patent application within the Licensed Patents tothe extent the claim continues to be prosecuted in good faith for a period of time not to exceed [ * * * ] years fromits earliest priority filing date in the applicable country, or ( c ) under any supplementary protection certificates, pediatric exclusivity periods, any other patent term extensions and exclusivity periods and the like of anypatents and patent applications identified in the Licensed Patents in clauses ( a ) through ( e )