definiens: shall mean the agreement between VGX Pharmaceuticals, Inc., a wholly owned subsidiary of Inovio, and the Trustees of the University of Pennsylvania dated April 16, 2007, a s amended . 1.42 shall mean, as applicable, a claim in any ( a ) unexpired and issued patent in the group of Inovio Patents that has not been disclaime d, revoked or held invalid by a final nonappealable decision of a court of competent jurisdiction or government age ncy or ( b ) pending patent application in any countr y of the Territory that is on file with the applicable paten t office and has shown evidence of reasonably consi stent activity to advance to issuance of a patent . Notwithstanding the foregoing, if a claim of a pending patent appl ication has not issued as a claim of a patent within ten ( 10 ) y ears after the filing date, such claim shall not be a Valid Claim for the purposes of this Agreement, - 7 - CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTI ONS OF THIS EXHIBIT