definiens: means ( a ) a claim of an issued and unexpired Paten t included within the Paratek Patents with regard to the Licensed Product in the Territory that has not been permanently revoked or held unenforceable or invalid by a decision of a court o r other governmental agency of competent jurisdicti on, which decision is not appealable or is not appealed withi n the time allowed for appeal, and has not been aba ndoned, disclaimed or admitted to be invalid or unenforceab le through reissue, disclaimer or otherwise or ( b ) a bona fide claim of a pending patent application included with in the Paratek Patents in the Territory that has no t been ( i ) cancelled, withdrawn or abandoned without being refiled in another application in the applicable j urisdiction or ( ii ) finally rejected by an administrative agenc y action from which no appeal can be taken or that has not been appealed within the time allowed for appeal