definiens: means either ( a ) a claim of an issued and unexpir ed Licensed Patent that ( i ) has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other Governme ntal Authority of competent jurisdiction that is not app ealable or has not been appealed within the time al lowed for appeal, and ( ii ) has not been canceled, withdrawn, abandoned, disclaimed, denied or admitted to be inv alid or unenforceable through reissue, re - examination or di sclaimer or otherwise, or ( b ) a claim of a Licensed Patent that is a pending patent application that ( i ) has not be en cancelled, withdrawn, abandoned or finally rejec ted by an administrative agency action from which no appeal c an be taken, and ( ii ) has been pending for less tha n [ * ] years from the earliest date on which such claim claims p riority