definiens: means the Amended and Restated Exclusive License Agreement dated July 24, ' 1998, by and between [COMPANY] and UTRF ( formerly known as the University of Tennessee Research Corporation ) exclusively licensing to [COMPANY] all UTRF know­how and Patents pertaining to methods of using Toremifene for the PIN Indication, as the same may be amended from time to time 1.113 means an unexpired claim ( a ) of any issued Patent that has not been revoked or held unenforceable or invalid by a decision of a court or govenunental agency of competent jurisdiction from which no appeal can be taken, or with respect to which an appeal is not taken within the time allowed for appeal, and that has not been disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) of any patent application that has not been cancelled, withdrawn or abandoned or been pending more than seven ( 7 ) years