definiens: means, with respect to a particular country and the Product, ( a ) a claim of an issued and unexpired Licensed Patent(other than a utility model or design right ) that ( i ) has not been held permanently revoked, unenforceable or invalid by a decision of a court or othergovernmental authority of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal and ( ii ) has not beencancelled, withdrawn, abandoned, disclaimed or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( b ) a claim which(i ) is pending in a patent application included in the Licensed Patents ( other than an application for a utility model or design right ) in such country lessthan [ * * * ] from the earliest date on which such patent application claims priority, and ( ii ) has been prosecuted in good faith and has not been cancelled, withdrawn or abandoned or ﬁnally rejected by an administrative agency action from which no appeal can be taken ; and, in each case of such an issuedor pending claim pursuant to ( a ) or ( b ), [ * * * ]