definiens: : shall mean either : ( i ) a claim of an issued and unexpired patent included within the Technology, which has not been heldunenforceable, unpatentable or invalid by a court or other governmental agency of competent jurisdiction, andwhich has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( ii ) a claim in a hypothetical issued patent corresponding to a pending claim in a patent application within theTechnology, provided that if such pending claim has not issued as a claim of an issued patent within theTechnology within six years after the filing date of such patent application, such pending claim shall not be aValid Claim for purposes of this Agreement . In the event that a claim of an issued patent within the Technology isheld by a court or other governmental agency of competent jurisdiction to be unenforceable, unpatentable orinvalid, and such holding is reversed on appeal by a higher court or agency of competition jurisdiction, suchclaim shall be reinstated as a Valid Claim hereunder