definiens: means any ( a ) claim in any unexpired and issued patent in any country or jurisdiction th at is included in the Transferred Patents or any Derived Patent and has not been ( i ) disclaimed, revoked or held invalid or unenforceable by a decision of a court o r other Governmental Entity of competent jurisdicti on from which no appeal ( other than an appeal to the highes t appellate court of such jurisdiction ) can be take n, or with respect to which an appeal is not taken within the time allowed for appeal, or ( ii ) irretrievably aban doned, disclaimed or admitted to be invalid or unenforceab le by any member of the Buyer Rights Group through reissue, disclaimer or otherwise, or ( b ) pending cl aim in a pending patent application included in any Transferred Patent or Derived Patent that ( i ) has been pending for no more than [ * * ] following the earliest claime d priority date for such Transferred Patent or Derived Patent, ( ii ) continues to be prosecuted in good faith and ( iii ) has not been abandoned or finally rejected without the poss ibility of appeal or refiling