definiens: : shall mean either : ( i ) a claim of an issued and unexpired patent inclu ded within the Technology, which has not been held unenforceable, unpatentable or invalid by a co urt or other governmental agency of competent jurisdiction, and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or 3 Execution Copy ( ii ) a claim in a hypothetical issued patent corres ponding to a pending claim in a patent application within the Technology, provided that if such pendin g claim has not issued as a claim of an issued patent within the Technology within six years after the filing date of such patent application, such pending claim shall not be a Valid Claim for purpos es of this Agreement . In the event that a claim of an issued patent within the Technology is held b y a court or other governmental agency of competent jurisdiction to be unenforceable, unpaten table or invalid, and such holding is reversed on appeal by a higher court or agency of competitio n jurisdiction, such claim shall be reinstated as a Valid Claim hereunder