definiens: means ( a ) claim of an issued and unexpired patent included w ithin the [COMPANY] Patents that ( i ) covers the practice of the relevant Compound or Pr oduct in the relevant jurisdiction ; ( ii ) has not been irrevocably or unappealably disclaimed or aban doned, or been held unenforceable, unpatentable or invalid by a decision of a court or other governmen tal agency of competent jurisdiction ; and ( iii ) has not been admitted to be invalid or unenforceable th rough reissue, disclaimer, or otherwise ; or ( b ) a claim included in a patent application included wit hin the [COMPANY] Patents that ( i ) would cover the practices of the relevant Product in the relevant j urisdiction if such claim was to issue ; and ( ii ) has not been cancelled, withdrawn or abandoned, nor been pe nding for more than [ * * * ] from the earliest filing date to which such patent application or claim is e ntitled