definiens: means any material or product that, but for the license granted in this AGREEMENT, would infringe a VALID CLAIM in REGENTS ' PATENT RIGHTS in that country in which such material or product is made, used, offered for sale, sold, or imported . For purposes of this AGREEMENT, means : ( a ) a claim of an issued, unexpired patent under REGENTS ' PATENT RIGHTS, which has not been abandoned or disclaimed, provided that a claim of an issued, unexpired patent under REGENTS ' PATENT RIGHTS will be presumed to be valid unless and until it has been held to be invalid or unenforceable by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken, or ( b ) a pending claim being prosecuted in a pending patent application under REGENTS ' PATENT RIGHTS, provided that if such pending claim has not issued as a claim of an issued patent within five ( 5 ) years after the filing date from which such patent application takes priority, such pending claim shall not be a V ALID CLAIM for the purposes of this AGREEMENT unless and until, subsequent to such five ( 5 ) year period, such pending claim is issued as a claim of an issued and unexpired patent