definiens: means on a country - by - country and Product - by - Product basis, any claimpending in a patent application or any granted claim in an unexpired patent which has ( i ) not been held unenforceable, unpatentable or invalid by a decision of a court or other Governmental Authority of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid orunenforceable through reissue or disclaimer ; and ( ii ) would, if issued, but for the licenses granted hereunder, beinfringed by the Research, Development and/or Commercialization of said Product in said country . Notwithstandingthe foregoing, in case of pending patent applications, it is understood and agreed that if the corresponding claim in thecorresponding US or EP patent applications : ( 1 ) have been limited or cancelled because of patentability requirementssuch that the corresponding claim does not Cover said Product ; ( 2 ) has lapsed ; ( 3 ) has been finally rejected ( and therejection has been affirmed on appeal or the time for appeal or petition has lapsed ) ; or ( 4 ) has been finally revoked(and the revocation has been affirmed on appeal or the time for appeal or petition has lapsed ), then suchcorresponding claim in such corresponding patent application pending in any country will not be deemed to be a ValidClaim