definiens: means, with respect to a Product, any claim of ( a ) ( i ) an issued and unexpired [COMPANY] Patent Right or [COMPANY] Patent Right, or ( ii ) a pending patent application included in [COMPANY] Patent Rights or [COMPANY] Patent Rights that ( 1 ) continues to be prosecuted in good faith, and ( 2 ) has not been pending for more than seven ( 7 ) years from the earliest priority date, and that ( b ) Covers ( i ) the composition of matter of, or ( ii ) the method of use that is included in a Marketing Authorization ( i.e., in the ) for, such Product, and which claim has not been abandoned, revoked or held unenforceable, invalid or unpatentable by a court or other government body of competent jurisdiction and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reis sue, re -examination or disclaimer or otherwise