definiens: means a claim of ( a ) an issued patent within the Royalty Patent Rights in the U.S. or in a jurisdiction outside the U.S., as applicable, that has not expired, lapsed, or been cance lled, or been dedicated to the public, or held unenforceable, inv alid, revoked or cancelled by a court or Government al Authority of competent jurisdiction in an order or decision from which no appeal has can be taken, including through opposition, reexamination, reissu e, disclaimer, inter partes review, post grant procedures, or similar proceedings ; or ( b ) a pendin g patent application for a patent included in the Royalty Patent Rights that has not been finally aba ndoned or finally rejected by a Governmental Authority action from which no appeal can be taken and that has been pending for no more than [ * * * ] from the date of filing of the earliest patent appl ication to which such pending patent application is entitled to claim priority