definiens: means a claim of any issued and unexpired patent ( as may be extended through supplementary protection certificate or patent term extension or the like ) or pending patent applicati on included within Kite Patents, Kite Sole Patents or Joint Pat ents, which claim has not been revoked, held invali d, unpatentable, or unenforceable by a patent office, court or other governmental agency of competent jur isdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within the allowabl e time period ) and which claim has not been disclaimed, de nied or admitted to be invalid, unpatentable, or unenforceable through reissue, re - examination or di sclaimer or otherwise . In the case of patent applic ations, in order to be considered within the scope of a Valid Claim, a patent application can not have a priority date that is [ … * * * … ] or more years earlier than any date on whic h the patent application was pending, provided that upon the issuance of a patent from such patent applicati on, the claims therein shall again be deemed to be Valid Claims ( subject to the preceding sentence )