definiens: means : ( a ) a claim of an issued and unexpired patent included within the Licensed Patents that : ( i ) covers the manufacture, use, offer for sale, sa le or import of the relevant Licensed Compound or Licensed Product in the relevant jurisd iction ; ( ii ) has not been irrevocably or unappealably discl aimed or abandoned, or been held unenforceable, unpatentable or invalid by a decisio n of a court or other governmental agency of competent jurisdiction ; and ( iii ) has not been admitted to be invalid or unenfo rceable through reissue, disclaimer, or otherwise ; or ( b ) a claim included in a pending patent application wi thin the Licensed Patents that : 14 ( i ) would cover the manufacture, use, offer for sal e, sale or import of the relevant Licensed Compound or Licensed Product in the relevant jurisd iction if such claim was to issue ; and ( ii ) has not been cancelled, withdrawn or abandoned, nor been pending for more than [ * * * ] years from the earliest priority date to which such patent application or claim is entitled