definiens: means an actual or potential Licensed Product or Licensed Service that is for anapplication or market segment for which Harvard reasonably believes a Licensed Product or Licensed Service is not being activelydeveloped, performed and/or commercialized by Licensee, its Affiliates or any Sublicensee hereunder1.22 . means : ( a ) a claim of an issued and unexpired patent within the Patent Rights that has not ( i ) been held revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealedwithin the time allowed for appeal, ( ii ) been rendered unenforceable through disclaimer or otherwise, ( iii ) been abandoned, ( iv ) lapsed orexpired, or ( v ) been lost through an interference or opposition proceeding without any right of appeal or review ; or ( b ) a pending claim of apending patent application within the Patent Rights that ( i ) has been asserted and continues to be prosecuted in good faith and ( ii ) has notbeen abandoned or finally rejected without the possibility of appeal or refiling