definiens: means any Intellectual Property used by Pharmasse t ( including Tangible Property and Tangible Property Improvements ) within the Field of Use that ( i ) in the absence of a lice nse from [COMPANY], would infringe a Valid Claim of Licensed Pat ent Rights and/or ( ii ) involves a use thereof permi tted to [COMPANY] under this Agreement . For the purpose of this Agreement, means a patent claim in an issued patent included within the Licensed Patent R ights which has not been disclaimed or canceled ; pr ovided, however, that in the event any claim of a patent th at falls within the Licensed Patent Rights hereunde r shall be held invalid or not infringed by a court of compete nt jurisdiction in a final decision from which an a ppeal can not be or is not taken, or certiorari can not be granted, then, for the purposes of this Agreement, effecti ve as of the date of such final decision, such claim held invali d shall be considered canceled from such patent and any such claim held not infringed shall be considered limite d in scope in accordance with such final decision