definiens: shall mean a claim of an issued and unexpired paten t or a claim of a pending patent application which has not been held unpatentable, i nvalid or unenforceable by a court or other governm ent agency of competent jurisdiction and has not been a dmitted to be invalid or unenforceable through reis sue, re - examination, disclaimer or otherwise ; provided, how ever, that if any holding of invalidity, unenforcea bility or unpatentability is later reversed by a court or age ncy with overriding authority, the relevant claim s hall be reinstated as a Valid Claim hereunder with respect to sales made after the date of such reversal . Notw ithstanding the foregoing provisions of this Section 1.8, if a claim of a pending patent application has not issue d as a claim of an issued patent, within five ( 5 ) years after th e date from which such claim takes priority, such p ending claim shall not be a Valid Claim for purposes of this Agr eement unless and until the patent is issued includ ing such claim