definiens: means ( a ) a claim of an issued and unexpired Pate nt included within the Licensed Patents ( including any Patent covering an Improveme nt and any Joint Patents in the Territory ) that ( i ) covers the Licensed Compound or the Product ( including the com position of matter, formulation, or method of packa ging or labelling or use thereof ) in the Territory that ( ii ) has not been permanently revoked or held unenf orceable or invalid by a decision of a court or other governmen tal agency of competent jurisdiction, which decisio n is not appealable or is not appealed within the time allow ed for appeal, and has not been abandoned, disclaim ed or admitted to be invalid or unenforceable through rei ssue, disclaimer or otherwise or ( b ) a claim of a p ending patent application included within the Licensed Pat ents ( including any Patent covering an Improvement and any Joint Patent ) in the Territory that ( 1 ) would cover the Licensed Compound or Product ( including the co mposition of matter, formulation, or method of packaging or l abelling or use thereof ) in the Territory if such c laim was to issue, ( 2 ) has not been pending for more than [ … * * * … ] years from its earliest priority date, and ( 3 ) ( A ) has not been cancelled, withdrawn or abandoned or ( B ) final ly rejected by an administrative agency action from which no appeal can be taken or that has not been appeale d within the time allowed for appeal