definiens: means a claim of ( a ) an issued and unexpired patent which has not lapsed or been revoked, abandoned orheld unenforceable or invalid by a final decision of a court or governmental or supra - governmental agency of competentjurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been - 23 – CONFIDENTIAL * * * Certain information in this agreement has been omitted and filed separately with the Securities and Exchange Commission . [ * * * ] indicatesthat text has been omitted and is the subject of a confidential treatment request . Table of Contents disclaimed, denied or admitted to be invalid or unenforceable through reissue, reexamination or disclaimer or otherwise, or(b)(i ) any pending bona fide and non - frivolous application submitted in good faith, or ( ii ) any pending application having acommon priority date with a patent described in ( a ) above that has issued in any other country, in each such case of ( i ) and(ii ), which claim has not been finally abandoned or denied or been held unpatentable by a final decision of a court orgovernmental or supra - governmental agency of competent jurisdiction, unappealable or unappealed within the time allowedfor appeal ( each of ( i ) or ( ii ) above, a )