definiens: means ( a ) a claim of an issued and unexpired pate nt within the Pandion Patent Rights Covering the composition, Manufacture, use, sale, o ffer for sale or import of Licensed Product, which is owned or Controlled by Pandion and has not ( i ) expired or been canceled, ( ii ) been declared invalid by an un reversed and unappealable decision of a court or other appro priate body of competent jurisdiction, ( iii ) been a dmitted to be invalid or unenforceable through reissue, discla imer, or otherwise or ( iv ) been abandoned ; or ( b ) a pending claim in an unissued application within the Pandion Patent Rights Covering the composition, Manufactur e, use, sale, offer for sale or import of Licensed Product, which patent is owned or Controlled by Pandion and which claim has been pending for less than [ * * ] from its earliest priority date . For clarity, a claim in a p atent that fails to issue within [ * * ] from its earliest priority dat e, and subsequently issues becomes a Valid Claim up on issuance