definiens: means any claim within a pending, allowed or issued U.S. patent application or patent, or pending, accepted or issued patent application or patent in a jurisdiction outside the U.S., that : ( a ) has not expired, lapsed, been 21cancelled or abandoned, or been dedicated to the public, disclaimed, or held unenforceable, invalid, or cancelled by acourt or administrative agency of competent jurisdiction in an order or decision from which no appeal has been or canbe taken, including without limitation through opposition, re - examination, reissue or disclaimer and ( b ) in the case of apending patent application, has not been pending for more than * * * * * from either ( i ) the date PROSENSA took overprosecution control of such Patent Rights or ( ii ) the earliest priority date of patent applications first filed byPROSENSA, provided that in either ( i ) or ( ii ), such patent application was prosecuted in good faith by PROSENSA