definiens: means a claim of a ( i ) granted patent which has no t been revoked or held unenforceable or invalid by a decision of a court o r other governmental agency of competent jurisdiction, which is not appealable or has not be en appealed within the time allowed for appeal, and which has not been abandoned, disclaimed or surrend ered, or ( ii ) an unissued published patent application that has not been formally terminated, abandoned, denied or admitted to be invalid or unenforceable through reissue, re - examination or di sclaimer and which claim has been pending no longer than the earlier of ( a ) the date that is ten ( 10 ) years after the earliest priority date of the earliest application in which the claim could have been pres ented or ( b ) the date that is ten ( 10 ) years after the Effective Date, wherein after such earlier date suc h claim is expired and not a Valid Claim until the date that such a claim is granted or accepted for g rant ; provided, however, that if the holding of suc h court or agency with respect to a patent applicatio n is later reversed by a court or agency with overriding authority, the claim shall be reinstated as a Valid Claim with respect to Net Sales made after the date of such reversal