definiens: means any non - Affiliate third Party to whom lntrogen has granted the right to manufacture and sell Licensed Products, with respect to Licensed Products manufactured by such third Party . · 1.24 means a claim ofan issued and unexpired patent or a claim of a pending patent application within the Patent Rights which has not been held unpatentable, invalid or unenforceable by a court or other government agency ofcompetent jurisdiction and has not been admitted to be invalid or unenforceable through reissue, re - examination, disclaimer or otherwise ; provided, however, that if the holding ofsuch court or agency is later reversed by a court or agency with overriding authority, the claim shall be reinstated as a Valid Claim with respect to Net Sales made after the date ofsuch reversal . Notwithstanding the foregoing provisions of this Section, ifa -4 - claim ofa pending patent application within the Patent Rights has not issued as a claim of an issued patent within the Patent Rights, within five ( 5 ) years after the filing date from which such claim talces priority, such pending claim shall not be a Valid Claim for purposes of this Agreement, unless and until a patent ( otherwise meeting the definition ofValid Claim ) issues on such application ; from and after such issuance such claim shall be deemed a Valid Claim with respect to Net Sales made after such issuance