definiens: means any claim of ( a ) an issued and unexpired patent included within the [COMPANY] PatentRights that has not been revoked or held unenforceable or invalid by a decision of a court or other GovernmentalAuthority of competent jurisdiction, and which has not been disclaimed, denied or admitted by [COMPANY] to be invalid orunenforceable through reissue or disclaimer or otherwise, or ( b ) a pending patent application within the [COMPANY] PatentRights that 18has not been cancelled, withdrawn, abandoned, or pending for more than * * after the earliest filing date to which suchpending application claims priority ; provided, however, when such patent issues based on such patent application, any claim contained therein shall be deemed a Valid Claim . If, in any Country, there should be two ( 2 ) or more suchdecisions conflicting with respect to the validity of the same claim, the decision of the higher or highest tribunal shallthereafter control ; however, should the tribunals be of equal rank, then the decision or decisions upholding the claimshall prevail when the conflicting decisions are equal in number, and the majority of decisions shall prevail when theconflicting decisions are unequal in number