definiens: shall mean any product, process or service or part thereof the discovery, development, manufacture, use, sale, offering for sale, importation, exportation, distribution, rental or lease of which is Covered By a Valid Claim in the [ CFB / C2 ] Patents in any country worldwide . For purposes of this definition of [ CFB / C2 ] Licensed Product, ( a ) shall mean ( i ) infringes, in the case of a claim in an issued patent, or ( ii ) would infringe the claim if it existed in an issued patent, in the case of a claim in a pending application ; and ( b ) shall mean ( i ) a claim of an issued unexpired patent that has not been withdrawn, canceled or disclaimed and which has not been held unpatentable, invalid or unenforceable by an unappealed or unappealable decision by a court or agency of competent jurisdiction, or ( ii ) a claim of a patent application in the [ CFB / C2 ] Patents for which there has been reasonable consistent activity to advance to issuance of a patent