definiens: means a claim in an issued patent, whether such p atent issues before, on or after the Effective Date, in the [COMPANY] Patent Rights or any i ssued patent owned by [COMPANY] pursuant to Section 3 .3, in each case that has not : ( a ) expired or been cancele d ; ( b ) been declared invalid by a decision of a cou rt or other appropriate body of competent jurisdiction from whi ch no appeal has been timely taken or may be taken ( e.g., as a result of denial of a petition for writ of certio rari ) ; ( c ) been admitted to be invalid or unenforce able through reissue or disclaimer, provided that actions taken during reexamination shall not, prior to the issuan ce of a final certificate of reexamination, be construed as admis sions of invalidity or unenforceability of the clai ms contained in such patent prior to the initiation of such reex amination ; or ( d ) been abandoned