definiens: means ( a ) a claim of an issued and unexpired [COMPANY] Patent ( including any JointPatent ) that has not been revoked or held unenforceable or invalid by a Governmental Authority in a final andnon - appealable judgment ( or judgment from which no appeal was taken within the allowable time period ), and that hasnot been abandoned, disclaimed, denied, or admitted to be invalid or unenforceable through reissue, re - examination ordisclaimer or otherwise ; or ( b ) a claim in any pending [COMPANY] Patent in the Territory that has not beenabandoned or finally disallowed without the possibility of appeal or re - filing of the application ; provided that such claimhas not been pending more than seven ( 7 ) years from the priority date of such application ( but if such pending claimwith a pendency of seven ( 7 ) years or longer subsequently issues it will be considered a Valid Claim upon issuance )