definiens: shall mean net revenues from any royalties or simi lar payments that a Party or an Affiliate of a Party receives from a sublicensee on account of sales of Products by such sublicensee o r its sublicensee shall mean : ( i ) a claim under an issued and unexp ired patent which has not been revoked, held unenforceable or invalidated by a decision of a court or other governmental agency of competent jurisdiction, is unappealable or for which an appea l has not been filed within the time allowed for ap peal and which has not been discharged, denied or admitted t o be invalid or unenforceable through reissue or di sclaimer or otherwise ; or ( ii ) a claim in a pending patent a pplication, which application : ( a ) is under active prosecution ; or ( b ) for which formal examination has been requested ; or ( c ) is a provisional application, the benefit of which can be claimed in a non - provisional application