definiens: shall mean a claim of an issued patent or pending patent application included within thePatent Rights or Future Patent Rights, which claim has not ( a ) lapsed, been canceled or become abandoned, ( b ) beendeclared invalid or unenforceable by a non - appealable decision or judgment of a court or other appropriate body orauthority of competent jurisdiction, or ( c ) been admitted to be invalid or unenforceable through reissue, disclaimer orotherwise, provided that ( i ) an unissued claim in a pending application shall cease to be a Valid Claim beyond [ … * * * … ] from the priority date of the application in which it is pending ( the ) ; ( ii ) if such claim issubsequently issued, such claim shall constitute a Valid Claim upon issuance ; and ( iii ) Licensee shall pay CSMC as apart of the next Royalty Report and payment due the amount of Royalties that would have been due on the sales, ifany, of Royalty Bearing Products that were made during the period commencing on the Cessation Date through thedate on which the Valid Claim was subsequently issued