definiens: means any product or pa rt thereof in the Licensed Field of Use, the manufacture, use, or sale o f which : ( a ) Is covered by a valid claim of an issued, unexpired Licensed Patent(s ) directed to the Inventi on(s ) in the country in which it is made, used or sold . A claim of an issued, unexpired Licensed Patent(s ) shall be presu med to be valid unless and until it has been held to be inva lid by a final judgment of a court of competent jurisdiction f rom which no appeal can be or is taken ; ( b ) Is covered by any claim being pro secuted in a pending application of Licensed Patent(s ) in the country in which it is made, used or sold unless such claim has been pending in such application or an earlier ap plication of Licensed Patent(s ) for greater than five y ears ; or ( c ) Incorporates any of the Technolog y or Licensed Materials