definiens: means ( a ) a claim of an unexpired issued patent that has not been disclaimed, revoked or held to be invalid or unenforceable by a court or other authority of competent jurisdiction, from which decision no appeal can be further taken ; or ( b ) a claim of a pending patent application prosecuted in good faith for which no more than seven ( 7 ) years have elapsed from the earliest priority date to which such pending application is entitled . If a claim of a patent application that ceased to be a Valid Claim under clause ( b ) of this subsection later issues or grants as a patent within the scope of clause ( a ) of this subsection, then such claim shall again be considered to be a Valid Claim, effective as of the earlier of the grant or I These terms do not apply to any Licensed Product that incorporates any cow antibody technology, including rights in - licensed under the In - License Agreement, which terms would need to be separately negotiated . If a sublicense to the rights in - licensed under the In - License Agreement is necessary to make and sell Licensed Products, then a separate sublicense of such rights would be granted on separate terms that comply with the In - License Agreement and cover the payments to The Scripps Research Institute thereunder