definiens: shall mean, with respect to a Licensed Product in a particular country, any claim of a LicensedPatent or Collaboration Patent that claims the Agre ement Compound included in such Licensed Product as acomposition of matter and either : ( a ) with respect to a granted and unexpired Licen sed Patent or Collaboration Patent in such country, that ( i)has not been held permanently revoked, unenforceabl e or invalid by a decision of a court or othergovernmental agency of competent jurisdiction, whic h decision is unappealable or unappealed within thetime allowed for appeal, and ( ii ) has not been aban doned, disclaimed, denied or admitted to be invalid orunenforceable through reissue or disclaimer or othe rwise ; or ( b ) with respect to a pending Licensed Patent or Collaboration Patent application that was filed and is beingprosecuted in good faith and has not been abandoned or finally disallowed without the possibility ofappeal or re - filing of the application, provided th at such claim has not been pending for more than * * * years