definiens: means, with respect to Product in a particular Jurisdiction, any claim of a Patent that either : ( a ) with respect to a granted and unexpired Patent in such Jurisdiction, that ( i ) has not been heldpermanently revoked, unenforceable or invalid by a decision of a court or other Governmental Entity of competentjurisdiction, which decision is unappealable or unappealed within the time allowed for appeal, and ( ii ) has not beenabandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise;or ( b ) with respect to a pending Patent application, that was filed and is being prosecuted in good faith and hasnot been abandoned or finally disallowed without the possibility of appeal or re - filing of the application ; provided, however, that such claim is notCONFIDENTIAL12 pending more than [ * * ] years after the filing of the earliest patent application from which such pending claim claimspriority