definiens: means ( a ) claim of an issued and unexpired patent included w ithin the [COMPANY] Patents that ( i ) covers the practice of the relevant Compound or Pr oduct in the relevant jurisdiction ; ( ii ) has not been irrevocably or unappealably disclaimed or abandoned, or been held unenforceable, unpatentable or inval i d by a decision of a court or other governmental agen cy of competent jurisdiction ; and ( iii ) has not been admitted to be invalid or unenforceable through rei ssue, disclaimer, or otherwise ; or ( b ) a claim included in a patent application included within the Novarti s Patents that ( i ) would cover the practices of the relevant Product in the relevant jurisdiction if su ch claim was to issue ; and ( ii ) has not been cancelled, withdrawn or abandoned, nor been pending for more t han five ( 5 ) years from the earliest filing date to which such patent application or claim is entitled