definiens: means either ( i ) a claim of an application for a Patent that claims, generically or specifically, the(A ) composition of matter of a Licensed Compound(s ) and/or Product(s ) comprising Licensed Compounds or(B ) method of use of Licensed Compound(s ) and/or Product(s ) comprising Licensed Compounds that hasbeen pending for no more than eight ( 8) years from the earliest date on which such patent application claimspriority, which claim was filed in good faith and has not been cancelled, withdrawn or abandoned, or ( ii ) aclaim within an issued Patent that claims, generically or specifically, the ( A ) composition of matter of aLicensed Compound(s ) and/or Product(s ) comprising Licensed Compounds or ( B ) method of use of LicensedCompound(s ) and/or Product(s ) comprising Licensed Compounds that has not expired, lapsed, or beencancelled, withdrawn, disclaimed or abandoned, and, in each case of ( i ) or ( ii ) has not been dedicated to thepublic, disclaimed, or held unenforceable, invalid, or been cancelled by a court or administrative agency ofcompetent jurisdiction in an order or decision from which no appeal has been or can be taken, includingthrough opposition, re - examination, reissue or disclaimer