definiens: means, with respect to a particular Product and country, a claim of a patent application or an issuedand unexpired patent that has not lapsed, been canceled or become abandoned or been held unpatentable, revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable orunappealed within the time allowed for appeal ( except, in both cases, to the United States Supreme Court or any similar courtof final appeal that hears matters at its discretion in a jurisdiction other than the United States ), and that has not been admittedto be invalid or unenforceable through reissue, disclaimer or otherwise . If a claim of a pending patent application has notissued as a claim of an issued patent within [ * ] ( [ * ] ) years after the earliest priority date for such claim, then such claim shallcease to be a Valid Claim unless and until such claim becomes an issued claim of an issued patent