definiens: means : ( a ) a claim of an issued patent within the Licensed Patent Rights that has not : ( i ) expired or been canceled, ( ii ) been finally adjudicated to be invalid or unen forceable by a decision of a court or other appropr iate body of competent jurisdiction ( and from which no a ppeal is or can be taken ), ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( iv ) been abandoned in accordance with, or as permi tted by, the terms of this Agreement or by mutual written agreement ; or HMI | Co - Exclusive License | A B4573824.12 -5- 7/20/2016 Confidential Portions of this Exhibit marked as [ * * * ] have been omitted pursuant to a request for conf idential treatment and have been filed separately with the S ecurities and Exchange Commission