definiens: means a composition of matter or use or method of manufacture claim contained in ( a ) an issued and unexpired Codiak Patent Righ t or Joint Collaboration Patent Right that Covers the manufacture, use, sale or importation in or into the relevant country of the applicable Licensed Product, which claim has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise ; or ( b ) [ * * * ] from the earliest applicable priority date and that, if issued, would Cover the manufacture, use, sale or importation in or into the relevant country of the applicable Licensed Product ; provided that, if a claim ceases to be a Valid Claim by reason of the foregoin g subclause ( b ), then such claim shall again be deemed a Valid Claim in the event such claim subsequently issues