definiens: means a pending or issued claim of a Patent within the Chroma Patents which : ( a ) has not beenheld unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction in a decisionfrom which no appeal can or has been taken ; and ( b ) which has not been admitted to be invalid or unenforceable throughreissue, re - examination, disclaimer or otherwise . Notwithstanding the foregoing, if a claim of a pending patent applicationwithin the Patents has not issued as a claim of a patent within five ( 5 ) years from first filing of the application, such claim shallnot be a Valid Claim for the purposes of this Agreement, unless and until such claim issues as a claim of an issued patent ( fromand after which time the same shall be deemed a Valid Claim subject to paragraphs ( a ) and ( b ) above ) . With respect to a ValidClaim of a pending patent application, the phrase to means to engage in an activity that wouldinfringe ( i.e., by either directly infringing, contributorily infringing, or inducing infringement of ) such Valid Claim if it werecontained in an issued patent