definiens: shall mean a claim of an issued patent within the Patent Rights that has not lapsed, expired, been canceled, or become abandoned, and has not been held invalid by a court or other appropriate body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise . The term shall also include the ( j)~~n ~ f9,f9.~ dehydi - oep(j@one'p ] Species Claim in a pending patent application within the Patent Rights . For the purposes of this Agreement, the genus claims of the ' 340 application and any patent issuing therefrom are Valid Claims covering [ trans-9,l - O - dehyd.roepqthl191leP ] regardless of ( a ) the cancellation of [ spe9!e~ cl@nS9.J from the ' 340 application ; ( b ) whether [ ~p.~c!~§i¥lflj~;.:~9 ] is [ ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED