definiens: shall mean any claim of a pending patent application which has not been abandoned or finallyrejected without the right of appeal, or any claim from an issued and unexpired patent included within the PatentRights which has not been revoked or held unenforceable or invalid by a decision of a court or other governmentalagency of competent jurisdiction, and which has not been disclaimed, denied or admitted to be invalid orunenforceable through reissue or disclaimer or otherwise . Notwithstanding the foregoing, if a claim of a pending patentapplication has not issued as a claim of an issued patent within the earlier of two ( 2 ) years from First CommercialSale of a Product covered by such claim or ten ( 10 ) years after the filing date of the pending application containingsuch claim, such pending claim shall cease to be a Valid Claim for purposes of this Agreement unless and until suchclaim becomes an issued claim of an issued patent