definiens: shall mean either ( a ) a claim of an issued and unexpired patent within the [COMPANY] Patent Rights or ( ii ) the LNP Technology which has not been revoked or held permanently unenforceable, unpatentable or invalid by a decision of a court or other governmenta l agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been found or admitted to be abandoned, disclaimed, denied, invalid or unenforceable through re -examination, reissue or disclaimer or other wise, or ( b ) a claim of a pending patent application within ( i ) the [COMPANY] Patent Rights or ( ii ) the LNP Technology which application has not been pending for more than [ * * * * * ] from the date of its priority filing date and which claim has not been irretri evably revoked, irretrievably cancelled, irretrievably withdrawn, held invalid or abandoned by a patent office, court or other governmental agency of competent jurisdiction in a final and non -appealable judgment ( or judgment from which no appeal was taken within the allowable time period ), or finally determined to be unallowable in a decision from which an appeal can not or can no longer be taken . For clarity, a claim of an issued patent that ceased to be a Valid Claim before it issued because it had been pe nding too long, but subsequently issues and is otherwise described by clause ( a ), shall again be considered to be a Valid Claim once it issues . The same principle shall apply in similar circumstances such as if, for example ( but without limitation ), a fina l rejection of a claim is overcome