definiens: shall mean:(a ) a claim of an issued and unexpired U.S. patent owned by Auspex or its Affiliates, including any issued andunexpired patent issuing from the Assigned Patent, that ( i ) is entitled to a priority date of [ … * * * … ], ( ii ) claims deuteratedpirfenidone or its manufacture or use, ( iii ) has not lapsed, been cancelled, rejected or revoked, or been held to be invalid orunenforceable by an unappealed or unappealable decision or judgment of a U.S. federal court of competent jurisdiction or theUnited States Patent and Trademark Office, and ( iv ) has not been abandoned, disclaimed or admitted to be invalid orunenforceable through reissue or disclaimer ; or(b ) a pending claim in a pending U.S. patent application owned by Auspex or its Affiliates, including the AssignedPatent, that ( i ) is entitled to a priority date of [ … * * * … ], ( ii ) claims deuterated pirfenidone or its manufacture or use, and(iii ) has not been finally determined to be unallowable by an unappealed or unappealable decision of the United States Patentand Trademark Office