definiens: means a claim which, but fo r licenses to begranted under a License Agreement, would be infring ed by a JV Entity'smanufacture, use or sale of a JV Product in any for m, and which is inan unexpired issued patent included within the Pate nt Rights ( asdefined in such License Agreement ) which has not be en held invalid orunenforceable by a decision of a court of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, andwhich has not been admitted to be invalid by the ow ner through reissueor disclaimer . If there should be two or more decis ions which areconflicting with < PAGE > respect to the invalidity of the same claim, the de cision of thehigher or highest tribunal shall thereafter control ; however, shouldthe tribunals be of equal dignity, then the decisio n or decisionsholding the claim valid shall prevail where the con flictingdecisions are equal in number, and the majority of decisions shallprevail where the conflicting decisions are unequal in number