definiens: means a claim of : ( a ) an issued and unexpired Pat ent included within the AMAG Licensed Patents in a country of the [COMPANY] Territ ory which has not been revoked or held unenforceabl e or invalid by a decision of a court or other governmental agen cy of competent jurisdiction, unappealable or unapp ealed within the time allowed for appeal, and has not bee n abandoned, disclaimed or admitted to be invalid o r unenforceable through reissue, disclaimer or otherw ise ; or ( b ) a pending patent application ( which has been pending for [ * * * ] or less from the date of filing o f the earliest priority patent application to which such pending patent application is entitled to claim benefit ) th at has been filed in good faith and that has not be en cancelled, withdrawn, or abandoned ; provided that, if a claim in a patent application is no longer a Valid Claim pursuant to clause ( b ) due to a pendency period that is longer than [ * * * ], but such claim subsequently becomes an issued claim under clause ( a ), then such claim will again be a V alid Claim