definiens: means a claim of ( a ) an issued, unexpired, and in - force patent, which claim has not been held invalid orunenforceable by a court or other government agency of co mpetent jurisdiction from which no appeal can be or has beentaken and has not been held or admitted to be invalid or unenforceable through re - examination, inter partes review, postgrant review or disclaimer, opposition procedure, nullit y suit, or otherwise, or ( b ) a pending patent applicati on that has notbeen ﬁnally abandoned, ﬁnally rejected, or expired ; provided, however, that if a claim of a pending patent application hasnot issued [ * ] after the ﬁrst substantive patent oﬃce action considering the patentability of such claim, then such clai m willnot constitute a Valid Claim for the purposes of this Ag reement unless and until a patent issues with such claim