definiens: means . wilh ~~I to any wunlly in tile Cypm;s Territory : ( a ) 1 claim of an I!lSUed and unexpired patenl ( a~ may be extended Ihrough supplemenl8ry protection certificate or patenl tcnt1 extension or the like ) included within ! he BioLincRx Patents, the Cyp~ Patents or the loint Patents to the e ~ tent lillch claim 11 M nOl been ( i ) held invalid or unenforceable by a non - appealed or un - appealable decision of a coun or government agency or OIher IlppropriKte body of competent Jurisdiclion and has not been admitted invalid through disclaimer or dedication to the public, and Oi ) hIlS not e ~ pired, ~en determined 10 be uncnforceabl~, been cancelled, withdrawn, abandoned, or ( b ) a claim of a pending ! » Itent applicalion included within the [COMPANY] PalentS, lhe Cyprcss Patenls or Ihe Joint Patents