definiens: means ( a ) a claim of an issued and unexpired patent within the Patent Rights that has notbeen ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmentalbody of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( ii ) cancelled, disclaimed, denied or otherwise held to be invalid or unenforceable through reissue, reexamination, disclaimer, derivation, opposition or otherwise, ( iii ) abandoned or ( iv ) permanently lost through an interference, derivation, interpartes reexamination, ex parte reexamination, post grant review, or opposition proceeding without any right of appealor review ; or ( b ) a pending claim of a pending patent application within the 17CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . ACOMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIALTREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, ASAMENDED