definiens: means a claim of an issued and unexpired Patent Right orpending claim of a patent application, which claim or pending claim has not been revoked or held unenforceable, unallowable, unpatentable or invalid by a decision of a court or other Governmental Authority of competent jurisdiction, which claim or pending claim is not appealable or has not been appealed within the time allowed for appeal, and whichclaim or pending claim has not been cancelled, withdrawn from consideration, abandoned, disclaimed, denied oradmitted to be invalid or unenforceable through reissue, re - examination, inter partes review, post - grant review ordisclaimer, opposition procedure, nullity suit, or otherwise ; provided, however, that if the holding of such court orGovernmental Authority is later reversed by a court or Governmental Authority with overriding authority, the claim shallbe reinstated as a Valid Claim with respect to Net Sales made after the date of such reversal ; and provided, further, thata claim of a patent application pending for more than [ * * ] years ( [ * * ] ) years from the earliest date from which such patentapplication claims priority shall not be considered to be a Valid Claim for purposes of this Agreement unless and until apatent with respect to such application issues with such claim, in which case such claim will be reinstated and bedeemed to be a Valid Claim, but only as of the date of issuance of such patent