definiens: means any issued claim of any Licensed Patent tha t has not expired, lapsed, or been cancelled or abandoned, and that has not been dedic ated to the public, disclaimed, or been held unenfo rceable, invalid, or been cancelled by a court or administra tive agency of competent jurisdiction in an order o r decision from which no appeal has been or can be taken, thro ugh opposition, re - examination, reissue or disclaim er or the like . A claim of any Licensed Patent that is pendin g and not issued does not qualify as a Valid Claim ; provided, however, that if such pending and not issued claim issues during the course of this Agreement, it shal l qualify as a Valid Claim retroactively and shall, to the exten t the issued claim Covers Royalty Product, trigger royalties in arrears on Net Sales made as from the application d ate of the relevant Licensed Patent