definiens: means ( i ) the patents and pat ent applications listed in Appendix D, ( ii ) any for eign patent application corresponding thereto, ( iii ) any divisional, continuation, CIP or reexamination application of any of the preceding, and ( iv ) each patent that issues or reissues from any of these pa tent applications . Any claim of an unexpired Licensed Pa tent is presumed to be valid unless it has been hel d to be invalid by a final judgment of a court of com petent jurisdiction from which no appeal can be or is taken . Notwithstanding the foregoing, if a claim of a pending patent application within the Licensed Patent has not issued as a claim of an issued paten t within the Licensed Patent within eight ( 8) years after the filing date from which such claim takes p riority, such pending claim shall cease to be a val i d claim for purposes of this Agreement until such tim e as the claim actually issues . As used herein, means those claims in any continuation - in - pa rt of the patent applications in ( i ) or ( ii ) above that are entitled to the priority date of the parent app lication, and filed within two years of the Effecti ve Date, share the same inventor or same set of invent ors as the parent application, and are not encumbered by prior obligations to third parties