definiens: means ( a ) a claim of an issued and unexpired [COMPANY] Patent, Joint Collaboration Patent ora Sobi Collaboration Patent that ( i ) has not been rejected, revoked or held to be invalid or unenforceable by a court or otherauthority of competent jurisdiction, from which decision no appeal can be further taken or ( ii ) has not been finally abandoned, disclaimed or admitted to be invalid or unenforceable through reissue or disclaimer ; or ( b ) a claim included in a pendingpatent application of an [COMPANY] Patent, a Joint Collaboration Patent or a Sobi Collaboration Patent ( whether filed before orafter the Effective Date ) that ( i ) has not been pending for more than seven ( 7 ) years from the effective date of filing for suchpatent application ( provided, however that for purposes of clarity, in the event such pending claim subsequently issues in anissued patent, then such claim shall again be a Valid Claim as of the date of issuance of such patent ) or ( ii ) has not beenfinally determined to be unallowable by the applicable governmental authority ( from which no appeal is or can be taken )