definiens: means those certain Exclusive License Agreements by and between the University of Texas System and Miragen with the following agreement numbers : L1846.miRagen $ ( dated April 21, 2008 ), L1964.miRagen$ ( dated April 21, 2008 ), L1992.miRagen$ ( dated April 21, 2008 ), L2028.miRagen$ ( dated April 21, 2008 ), and L2314.mi Ragen$ ( dated February 17, 2011 ) . Each of the foreg oing agreements shall be referred to individually as a 1.124 means, with respect to any country : ( a ) a claim o f an issued and unexpired patent ( as may be extended through supplementary protection ce rtificate or patent term extension or the like ) tha t, at such time, has not been revoked, held invalid or unenfor ceable by a patent office, court or other governmen tal agency of competent jurisdiction in a final and non - appeal able judgment ( or judgment from which no appeal was taken within the allowable time period ) and which claim, at such time, has not been disclaimed, denied or ad mitted to be invalid or unenforceable through reissue, re - exa mination or disclaimer or otherwise ; or ( b ) a pendi ng claim of an unissued patent application, which application, at such time, has not been pending for more than [ * ] years since its filing, provided that such [ * ] -year perio d shall be tolled for the duration of any proceedin g ( e.g., an opposition or interference proceeding ) with respect to such patent application