definiens: shall mean : ( a ) with respect to [COMPANY] Patents, except as otherwise expressly provided in the definitions of [ C3 ] Licensed Product and [ CFB / C2 ] Licensed Product, ( i ) a claim of an unexpired and issued patent included in the [COMPANY] Patents which has not been withdrawn, disclaimed, cancelled or superseded ( or if cancelled or superseded, has been reinstated ) or been revoked, held invalid, or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in such country in a decision which is unappealable or not appealed ; or ( ii ) a claim of a pending application included in the [COMPANY] Patents ; and ( b ) with respect to Patents Controlled by [COMPANY] or a [COMPANY] Affiliate, as used in Section 3.3(b ) or 9.3(d ), ( i ) a claim of an unexpired and issued patent included in such Patents which has not been withdrawn, disclaimed, cancelled or superseded ( or if cancelled or superseded, has been reinstated ) or been revoked, held invalid, or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in such country in a decision which is unappealable or not appealed ; or ( ii ) a claim of a pending application included in such Patents