definiens: means an issued and unexpired claim within the Pa tent Rights ( [COMPANY] ) or the Patent Rights ( Third Party ) ( including any re - issued and u nexpired patents ) which, but for the licence and other rights granted pursuant to Clauses 4.1 and 4 . 3 hereof, would be i nfringed by the manufacture, use, sale, offer for sale, exportation or importati on of Product by Licensee or its Sublicensees and which also ( a ) has not been cancelled, withdrawn, a bandoned or rejected by any administrative agency or other body of competent jurisdiction, and ( b ) has not been revoked, held invalid or declared unpatentable or unenforceable in a decisio n of a court or other body of competent jurisdiction that is unappealable or unappealed wit hin the time allowed for appeal, and ( c ) has not been rendered unenforceable through disclaimer or o therwise, and ( d ) has not been disclaimed or otherwise dedicated to the public by [COMPANY], and ( e ) is not lost through an interference proceeding and any appeals therefrom