definiens: means ( a ) a claim of a pending application of the Patents or Licensee Patent(s ) which claim has been pending for [ * * * ] years or less, is being actively prosecuted in good faith and has not lapsed or gone abandoned ; [ * * * ]= CERTAIN CONFIDENTIAL INFORMATION OMITTEDPage 6 of 32UBC File:14 - 111 ( b ) a claim of an issued or granted patent of the Patents or Licensee Patent(s)which claim has not expired, been abandoned(including via admissions of invalidity and/or unenforceability ), lapsed or been found to be invalid or unenforceable in a ﬁnaldecision of a court or other authority or agency of competent jurisdiction from which no appeal can be or is taken ; or ( c ) asupplementary protection certificate resulting from the expiry of an issued claim