definiens: means a claim contained in ( i ) an issued and unexpired patent included within the [COMPANY] Patent Rights or Miikana Patent Rights that has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of - 5 -competent jurisdiction, which decision is not subject to any further appeal, and that has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise or ( ii ) a patent application which is included within the [COMPANY] Patent Rights or Miikana Patent Rights and has been pending for less than seveR ( 7 ) years from the priority date . If a claim of a patent application that ceased to be a Valid Claim under item ( ii ) because of the passage of time later issues as a part of a patent within item ( i ), then it shall again be considered to be a Valid Claim effective as of the issuance of such patent