definiens: shall mean either : ( a ) a claim of an issued and unexpired PATENT covering themanufacture, use, import or sale of REAGENT or the PRODUCT, that is a NEKTAR AL PATENT RIGHT, an ENZONPATENT, or is a PATENT owned or CONTROLLED jointly by NEKTAR AL and OSI and has not ( i ) expired or been canceled,(ii ) been declared invalid by an unreversed and unappealable decision of a court or other appropriate body of competentjurisdiction, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer, or otherwise, or ( iv ) beenabandoned ; or ( b ) a claim covering the manufacture, use, import or sale of the PRODUCT in any PATENT APPLICATIONpending for [ * * ] years or less from its earliest claimed priority date that is a NEKTAR AL PATENT RIGHT, an ENZONPATENT, or is a PATENT or PATENT APPLICATION owned or CONTROLLED jointly by NEKTAR AL and OSI