definiens: shall mean a Patent in the applicable country that contains at least one claim that ( A ) covers TMC278 or use ( excluding any use in combination claim ) ofTMC278 in the Field, and ( B ) has not been determined to be invalid or unenforceable by a court in the applicable 101 [ 1 : : : : : Certain confidential infonnation con(ained in this document, highlighted and marked by brackets ., is tiled with the Securities and Exchange Commission pursuanr to Rule 24b-2 of the Securities Exchange Act of 1934, as amended . CONFIDEl'Ii, IAL TREATMENT REQUESTED U'DER 17 C.F.R. § § 200.80 ( b)(4 ) AND 230.406 jurisdiction and ( C ) with respect to the European Union is either issued or a patent application that is pending ( and has been pending for [ five ( ~tyears or.fewer ) ) and not abandoned