definiens: means ( i ) a claim of an issued and unexpired patent within any Patent Rights withi n [COMPANY] IP that has not been ( A ) held permanently revoked, unenforc eable, unpatentable or invalid by a decision of a c ourt or governmental body of competent jurisdiction, which is unappealable or has not been appealed within the time allowed for appeal, ( B ) rendered unenforceable thro ugh disclaimer or otherwise, ( C ) abandoned or ( D ) permanently lost through an interference or opposit ion proceeding without any right of appeal or revie w ; or ( ii ) a pending claim of a pending patent application withi n the Patent Rights that ( A ) has not been pending f or more than seven ( 7 ) years from the date of filing of the init ial priority application from which the pending cla i m derives priority ( provided, however, that in the event such aforementioned pending claims issue after such sev en ( 7 ) year period, such claims will be Valid Claims to the ext ent they satisfy the provisions of clause ( i ) of th is definition ), ( B ) has been asserted and continues to be prosecute d in good faith, and ( C ) has not been abandoned or finally rejected without the possibility of appeal or refil ing