definiens: . Valid Claim means ( a ) a claim o f an issued patent that has not expired or been abandoned, or been revoked, held invalid or unenfor ceable by a patent office, court or other governmen tal agency of competent jurisdiction in a final and non -appealable judgment ( or judgment from which no app eal was taken within the allowable time period ), or ( b ) a c laim within a patent application which application has not been pending for more than [ * * * ] ( [ * * * ] ) years from the date of its priority filing date and which claim ha s not been irretrievably revoked, irretrievably cancelled, irr etrievably withdrawn, held invalid or abandoned by a patent office, court or other governmental agency of compe tent jurisdiction in a final and non - appealable jud gment ( or judgment from which no appeal was taken within the allowable time period ), or finally determined to be unallowable in a decision from which an appeal cann ot or can no longer be taken ; provided, however, th at with respect to the UC Patent Rights licensed under the Exclusive License and Bailment Agreement between 4D MT and UC, Agreement Control No . 2014 - 03 - 0089, the for egoing [ * * * ] ( [ * * * ] ) year limitation shall be exten ded to [ * * * ] ( [ * * * ] ) years