definiens: shall mean either : ( a ) a claim of an issued and unexpired PATENT covering the manufacture, use, import or sale of RE AGENT or the PRODUCT, that is a NEKTAR AL PATENT RIGHT, an ENZON PATENT, or is a PATENT owned or CON TROLLED jointly by NEKTAR AL and OSI and has not ( i ) expired or been canceled, ( ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropriate body of competent j urisdiction, ( iii ) been admitted to be invalid or u nenforceable through reissue, disclaimer, or otherwise, or ( iv ) been abandoned ; or ( b ) a claim covering the manufac ture, use, import or sale of the PRODUCT in any PATENT APPLICA TION pending for [ * * ] years or less from its earlie st claimed priority date that is a NEKTAR AL PATENT RI GHT, an ENZON PATENT, or is a PATENT or PATENT APPLICATION owned or CONTROLLED jointly by N EKTAR AL and OSI