definiens: means any claim of : ( a ) an issued and unexpired patent, which claim has not been ( i ) revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of compet ent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, nor ( ii ) abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re -examination or disclaimer or otherwise ; or ( b ) a pend ing patent application that has not been pending for more than [ * * * ] years from the date of its earliest priority date that has not been cancelled, withdrawn, or abandoned, or finally rejected without the possibility of appeal or refiling ; in each case of ( a ) and ( b ) ( i ) claiming the making, using, selling, offering for sa le, importation or other exploitation of a Product and ( ii ) included within the [COMPANY] Licensed Patent Rights or the Dicerna Licensed Patent Rights . A pending claim that ceases to be a Valid Claim due to the time limit in clause ( b ) 10 CONFIDENTIAL shall, if it later issues, qualify again as a Valid Claim, provided that it meets the requirements of clause ( a ) of the foregoing definition