definiens: means with respect to a particular country, a cla i m of a Patent Right within the Licensed Patent Rights that : ( a ) with respect to an issued a nd unexpired patent, ( i ) has not been held permanen tly revoked, unenforceable or invalid by a decision of a court or other governmental authority of competen t jurisdiction, which decision is unappealed or unapp ealable within the time allowed for appeal and ( ii ) has not expired or been cancelled, withdrawn, abandoned, disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherw ise and ( b ) with respect to a pending patent application, has been prosecuted in good faith, has not been aba ndoned or finally disallowed without the possibilit y of appeal or refiling of such application and has been pending for less than [ * ] from the first filing date of the claim in any post -grant proceeding