definiens: means, with respect to a Licensed Product in a particular country, any claim of a Licensed Patent that:(a)with respect to a granted and unexpired Licensed Patent in suchcountry, ( i ) has not been held permanently revoked, unenforceable or invalid by a final decisionof a court or other governmental agency of competent jurisdiction, which decision isunappealable or unappealed within the time allowed for appeal, and ( ii ) has not beenabandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue ordisclaimer or otherwise ; or(b)with respect to a pending Licensed Patent application, was filed and isbeing prosecuted in good faith and has not been abandoned or finally disallowed without thepossibility of appeal or re - filing of the application, provided that with respect to ( i ) pendingLicensed Patent applications ( a ) and ( b ) identified on Exhibit A, such claim has not been pendingfor more than [ * * * ] years from the Effective Date, and ( ii ) any other pending Licensed Patentapplications, such claim has not been pending for more than [ * * * ] years