definiens: means products and processes the manufacture, use, sale, offer for sale, import ation or practice of which absent the license granted und er this Agreement would infringe any one of the issued, valid, enforceable, unexpired claim(s ) or a ny one of the pending claim(s ) contained in the Pat ent Rights in the Field of Use . A claim of any issued, unexpired Patent Right shall be presumed to be vali d unless and until it has been held to be invalid, un enforceable or unpatentable by a final judgment of a court or other governmental authority of competent jurisdiction from which no appeal can be or is take n and which has not been abandoned, disclaimed, denie d or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer or ot herwise . A claim of any patent application shall be pending, as used in this Article I, Paragraph Q if it has been pending less than five ( 5 ) years from receipt of the first office action on the merits fr om the United States Patent and Trademark Office