definiens: means any claim of ( i ) any issued and unexpired Patent Rightin the Territory that has not been ( A ) revoked or held unenforceable, unpatentable or invalid by aGovernment Authority of competent jurisdiction in a decision that is not appealable or that hasnot been appealed within the time allowed for appeal or ( B ) abandoned, disclaimed, denied oradmitted to be invalid or unenforceable through reissue, re - examination or disclaimer orotherwise ; or ( ii ) any patent application in the Territory that has not been ( A ) cancelled, withdrawn or abandoned or ( B ) finally rejected by an administrative agency or GovernmentAuthority of competent jurisdiction in a decision that is not appealable or that has not beenappealed within the time allowed for appeal, provided that, on a country - by - country basis, aValid Claim shall exclude any [ * * * ] claim of such patent application that ( x ) has not been14 Portions of this Exhibit, indicated by the mark were omitted and have been filed separately with the Securitiesand Exchange Commission pursuant to the Registrant ’s application requesting confidential treatment pursuant to Rule24b-2 of the Securities Exchange Act of 1934, as amended . CONFIDENTIAL granted within [ * * * ] from the Effective Filing Date of the patent application unless and until apatent issues from such application or ( y ) does not have a reasonable bona fide basis forpatentability and enforceability