definiens: means all out - of - pocket expenses for the preparation, filing, prosecution, and maintenance of all United States and foreign patents included in Patent Rights . Patent Costs shall also include reasonable out - of - pocket . expenses for patentability opinions . inventorship detennioatiOli . preparation and prosecution of patent application, re - examination, re - issue . interference, and opposition activities related to patents or applications in Patent Rights . ' 1.12 means any product which is a Licensed Product and . containS ' other procluct(s ) or product component(s ) that :( i ) ' does not use Invention or Patent Rights ; ( ii ) the sale . use or import by itself does ' not ' contribute to the infringement of Patent Rights ; ( iii ) can be sold separately by UCENSEE . its Sublicensee or an Affiliate ; and ( iv ) enhanceS the market price of the fmal proouct(s ) sold, used or imported by UCENSEE . its Sublicensee, or an Affiliate . ' ' Valid Claim " means any claim(s ) pending in a patent application or in an unexpired patent included within the Patent Rights which has not been held unenforceable . unpatentable, or invalid by a decision of a court or other 13Decembcc2000 CONFIDENTIAL . ·, .. ' 4 en!~ ! 1 .. -, : •. ', governmental agency of competent jurisdiction, unappealable or ' unappea1ed within the time allowed for ~ppeal, and which bas not been admitted to . be invalid or unenforceable through reissue or disclaimer