definiens: means a claim of any ( a ) issued Patent Right that has not ( i ) expired, irretrievably lapsed or been abandoned, revoked, dedicated to the public or disc laimed or ( ii ) been found to be unpatentable, inval i d or unenforceable by a court, national or regional pate nt office or other appropriate body that has compet ent jurisdiction in the subject country, from which dec ision no appeal is taken or can be taken ( except fo r writ of certiorari ) ; ( b ) with respect to a Patent Right own ed or Controlled by Shattuck or its Affiliates othe r than through the rights granted to Shattuck under the Heat Licen se Agreement, pending application for a Patent Righ t that ( i ) has been pending for less than [ * * * ] and is bei ng prosecuted in good faith and has not been abando ned or finally disallowed without the possibility of appea l or re - filing and ( ii ) has not been admitted to be invalid or unenforceable through reissue, reexamination or dis claimer, and that is not subject to an interference claim ; or ( c ) with respect to a Patent Right Controlled by Sh attuck or its Affiliates through the rights granted to Shattuck under the Heat License Agreement, pending applicati on for a Patent Right . In the event that a Patent R ight issues from an application for a Patent Right described in clauses ( b ) or ( c ) of this definition, the claims of such issued Patent Right will be deemed to be Valid Claims from and after the date of issuance so long as such cla ims satisfy the requirements of clause ( a ) of this definition