definiens: means an issued patent claim within the Company IP that is set forth on Section 4.15(a)(i ) of the CompanyDisclosure Schedule, including renewals, extensions, divisions and reissues thereof, or any claims issuing from any patentapplication within the Company IP that is set forth on Section 4.15(a)(i ) of the Company Disclosure Schedule, in each casethat has not : ( a ) expired or been revoked or cancelled ; ( b ) been declared invalid or unenforceable by a patent office or adecision of a court or other Governmental Authority of competent jurisdiction ; provided that, if any such claim that has beendeclared invalid or unenforceable is subsequently determined to be valid and enforceable by a court or other GovernmentalAuthority of competent jurisdiction from which no appeal can be taken ( or was taken within the allowable time period ), thensuch claim shall thereafter be a Valid Claim except as otherwise provided under subsection ( a ), ( c ), or ( d ) ; ( c ) been admitted tobe invalid or unenforceable through reissue, re - examination, disclaimer or otherwise ; or ( d ) been abandoned or disclaimed