definiens: means ( i ) a claim of an issued and unexpired patent included within Rutgers Patent Rights thathas not been held permanently revoked, invalid or unenforceable by a decision of a court or other governmentalagency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed for appeal ; or(ii ) a claim of a pending patent application within the Patent Rights that was filed in good faith, has been pending nomore than [ * * * ] years from the earliest priority date, and which has not been CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT . THE COPY FILEDHEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST . OMISSIONS AREDESIGNATED [ * * * ] . A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THESECURITIES AND EXCHANGE COMMISSION