definiens: shall mean ( i ) an issued and unexpire d claim within the DUKE PATENT RIGHTS or OREXIGEN PATENT RIGHTS, as the case may be, that has not been permanently revoked or held invalid or unenforceable by a decision of a court o r other governmental agency of competent jurisdiction and that has not been dedicated to the public or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or ( ii ) a claim of a pending patent application that was fil ed in good faith, has not been pending for more than [ * * * ] ( [ * * * ] ) years, and which has not been abandoned or finally disallowed without the possibility of ap peal or refilling of such application contained in the DUKE PATENT RIGHTS or OREXIGEN PATENT RIGHTS, as th e case may be, in the country in which any such product or part thereof is made, use d or sold