definiens: shall mean a claim contained in : ( a ) an issued and unexpired [COMPANY] Patent or Joint Pate nt Rights which has not been held unenforceable, unpatentable or invalid by a decisio n of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed f or appeal, and which has not been admitted to be invalid or unenforceabl e through abandonment, reissue, disclaimer or otherwise ; or 8 LICENSE AGREEMENT ( b ) a patent application that is included in the [COMPANY] Patents or Joint Patent Rights that has been prosecuted in good faith and pending for less than [ * * * ] years . If a claim or a patent application that ceased to be a Valid Claim under clause ( b ) of the preceding sentence because of the passage of time later issues as a part of a patent within c lause ( a ) of the preceding sentence, then it shall again be considered a Valid Claim effective as of t he issuance of such patent