definiens: shall mean a pending or iss ued claim of a Patent within the [COMPANY] Idec Patent s which : ( a ) has not been held unpatentable, invalid or unen forceable by a court or other government agency of competent jurisdiction in a decision from which no appeal can or has been taken ; and ( b ) which has not been admi tted to be invalid or unenforceable through reissue, re - examin ation, disclaimer or otherwise, by a court or other governmental agency of competent jurisdiction, in a decision that is unappealable or unappealed ; and ( c ) has not expired, been determined to be unenforceable, been cancelled, withdrawn, abandoned . Notwithstanding th e foregoing, if a claim of a pending patent applicati on within the [COMPANY] Idec Patents has not issued as a claim of a patent within the following time periods in the fol lowing jurisdictions, such claim shall not be a Val i d Claim for the purposes of this Agreement, unless and until su ch claim issues as a claim of an issued patent ( fro m and after which time the same shall be deemed a Valid Claim s ubject to paragraphs ( a ) and ( b ) above ): ( i ) if fil ed in Japan, thirteen ( 13 ) years after the PCT filing date, or ( ii ) if filed anywhere else in the world, ten ( 10 ) y ears after the PCT filing date . With respect to a Valid Claim of a pending patent application, the phrase to means to engage in an activity that would in fringe ( i.e., by either directly infringing, contri butorily infringing, or inducing infringement of ) such Valid Claim if it were contained in an issued patent . Wi th respect to any jurisdiction in which a Supplementary Protec tion Certificate is in existence that provides excl usivity substantially similar in scope to a Valid Claim tha t has expired in such jurisdiction, a Valid Claim s hall be deemed to exist in such jurisdiction for the life o f such Supplementary Protection Certificate