definiens: means a claim or pending claim of a Patent Right, which claim or pendingclaim has not been revoked or held unenforceable, unpatentable or invalid by a decision of acourt or other governmental agency of competent jurisdiction, which is not appealable or has notbeen appealed within the time allowed for appeal, and which has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination ordisclaimer or other final, irrevocable action ; provided, however, that if the holding of such court oragency is later reversed by a court or agency with overriding authority, the claim shall bereinstated as a Valid Claim with respect to Net Sales made after the date of such reversal;provided further, on a country - by - country basis, a patent application pending for more than five(5 ) years shall not be considered to have any Valid Claim for purposes of this Agreement unlessand until a patent with respect to such application issues with such claim