definiens: means a claim of : ( a ) an issued and unexpired patent included within the ALNYLAM RNAi Patent Rights, the MERCK RNAi Patent Rights, or the Joint Collaboration Patent Rights which ( i ) covers the manufacture, use, sale or import of a Therapeutic Collaboration Product ; ( ii ) has not been revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which is not appealable or has not been appealed within the time allowed for appeal, and ( iii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer or otherwise, or ( b ) a patent application within the Territory, which covers the manufacture, use, sale or import of a Therapeutic Collaboration Product, included within the ALNYLAM RNAi Patent Rights, the MERCK RNAi Patent Rights or the Joint Collaboration Patent Rights that has been pending less than seven ( 7 ) years from the earliest date on which such patent application claims priority and such patent claim has not been cancelled, withdrawn or abandoned