definiens: means a claim of a pending patent application or an issued and unexpired patent, within the Amicus Patent Rights that has not been held unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction in an unappealed or unappealable decision ( provided, however, that if the holding of such court or agency is later reversed by a court or agency with appropriate authority, the claim shall be reinstated as a Valid Claim ) and has not been admitted to be invalid or unenforceable through reissue, re - examination, disclaimer or otherwise nor lost in an interference proceeding . Notwithstanding the foregoing, in the case of a pending but unissued patent application, a pending claim of such application shall not be deemed a Valid Claim if more than three ( 3 ) years have elapsed since the first priority date to which such claim takes priority ; such claim shall thereafter not be deemed a Valid Claim until such claim issues in a patent and otherwise meets this definition