definiens: means either : ( a ) a claim of an issued and unexpired PATENT covering the manufacture, use, import, sale or offer for sale of SELECTED REAGENT or SELECTED PRODUCT, which PATENT is owned or CONTROLLED by NEKTAR AL or jointly by the PARTIES and has not ( i ) expired or been canceled, ( ii ) been declared invalid by an unrevers ed and unappealable or unappealed decision of a court or other appropriate body of competent jurisdiction, ( iii ) been admitted to be invalid or unenforceable through reissue, disclaimer, or otherwise, or ( iv ) been aba ndoned ; or ( b ) a claim filed and kept pending in good faith that is includ ed in a PATENT APPLICATION, provided that such PATENT APPLICATION has not been pending for the longer of [ * * * ] years from the EFFECTIVE DATE o r for more than [ * * * ] years from the earliest priority date to which the PATENT APPLICATION is entitled