definiens: shal l mean a claim of an issued and unexpired patent or a claim of a pending patent application within the Scripps Patent Rights which has not been held unpat entable, invalid or unenforceable by a court or other government agency of competent jurisdiction and has not been admitted to be invalid or unenforc eable through reissue, reexamination, disclaimer or otherwise ; provided, h owever, that if the holding of such court or agency is later reversed by a cour t or agency with overriding authority, the claim shall be reinstated as a Valid Claim with respect to Net Sales made after the date of such reversal . Notwith standing the foregoing provisions of this Section 1 . 11, if a claim of a p ending patent application within the Scripps Patent Rights has not issued as a claim of an issued patent within the Scripps Patent Rights, within five ( 5 ) y ears after the filing date from which such claim takes priority, such pending claim shall not be a Valid Claim for purposes of this Agreement