definiens: . Valid Claim means ( a ) a claim of an issued patent that has not expired or been abandoned, or been revoked, held invalid or unenforceable by a patent office, court or other governmental agency of competent jurisdiction in a final and non -appealable judgment ( or judgment from which no appeal was taken within the al lowable time period ), or ( b ) a claim within a patent application which application has not been pending for more than [ * * * ] ( [ * * * ] ) years from the date of its priority filing date and which claim has not been irretrievably revoked, irretrievably cancelled, irretrievably withdrawn, held invalid or abandoned by a patent office, court or other governmental agency of competent jurisdiction in a final and non -appealable judgment ( or judgment from which no appeal was taken within the allowable time period ), or fi nally determined to be unallowable in a decision from which an appeal can not or can no longer be taken ; provided, however, that with respect to the UC Patent Rights licensed under the Exclusive License and Bailment Agreement between 4DMT and UC, Agreement Control No . 2014 -03 - 0089, the foregoing [ * * * ] ( [ * * * ] ) year limitation shall be extended to [ * * * ] ( [ * * * ] ) years