definiens: shall mean any claim from ( a ) an issued and Wlexpired pa1ent included within the EXCLUSIVE PATENT RIOHTS or LlPOSOMAL PATENT RIGHTS that has not been revoked or held unenforceable or inv!llid by a flnal decision, from which an appeal can not be taken or in respect of which the applicabJe period of appeal has expired, of a court or other governmental authority having authority over patents, and that has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; or ( b ) a pending claim in a patent application v.ithin the EXCLUSIVE PATENT RlGHTS or LlPOSOMAL PATENT RIGHTS, provided that if such pending claim has not issued as a claim of an issued patent within the EXCLUSIVE PATENT RIGHTS or LlPOSOMA L PATE:"IT RIGHTS within eight ( 8) years after the filing date from which such patent application takes priority, such pending claim shall not be a VALID CLAIM for purposes of this Agreement unless and Wltil, subsequent to such 8 - year period, such pcnding claim is issued as a claim of an issued and unexpired patent included within the EXCLUSIVE PATE : KT RIGHTS or LIPOSOMAL PATENT RIGHTS as sct forth in ( a ) above