definiens: means a claim of : ( a ) an issued and unexpired Pat ent included within the [COMPANY] Licensed Patents in a country ( includin g Country or Region ) which has not been revoked or held unenforceable or invalid by a decision of a court o r other governmental agency of competent jurisdicti on, unappealable or unappealed within the time allowed for appeal, and has not been abandoned, disclaimed or admitted to be invalid or unenforceable through rei ssue, disclaimer or otherwise ; or ( b ) a pending pat ent application that has been filed in good faith and t hat has not been cancelled, withdrawn, abandoned, f inally rejected or expired without the possibility of appe al or refiling, provided that Valid Claim will excl ude any such pending claim in an application that has not been g ranted within [ * * * ] following the earliest priority filing date for such application . For purposes of the definitio n of Valid Claim, means a determina tion with respect to a Patent that would prevent a Party from enforcing or continuing to enforce such Patent . To the extent that any Patent is issued, restored or otherwise de emed valid and enforceable, then it once again shal l be considered a Valid Claim as from the date of such i ssuance, restoration or determination