definiens: shall mean ( a ) a claim of any issued, unexpired Licensed Patent that has not been withdrawn, canceled, or disclaimed, and has not been held unenforceable or invalid by a court of competent jurisdiction in the relevant country in an unappealable or unappealed decision, or has not been held unpatentable in any post -issuance administrative proceeding, for which no appeal has been sought, e.g., inter -parties review ( IPR ), post -grant review ( PGR ) reexamination, deriviation, interference and opposition ; or ( b ) a pending claim of a Lice nsed Patent that ( i ) has been asserted and continues to be prosecuted in good faith, ( ii ) has not been abandoned or finally rejected without the possibiliy of appeal or refiling, and ( iii ) has not been pending for more than [ * * * * ] from the filing date of t he first non -provisional patent application containing the supporting disclosure for such claim . For clarity, in the event that a claim of the Licensed Patent issues more than [ * * * * ] from the filing date of the first non -provisional patent application, tha t claim shall be considered a Valid Claim under 1.26(a ) . Aligos shall pay to Emory any royalties calculated on Net Sales that are attributable at least in part to such claim and that would have been paid to Emory but for the [ * * * * ] pendency of the claim wi thin [ * * * * ] of such issuance, if not already paid