definiens: means, with respect to a particular country, either : 1.123.1any Royalty - Bearing Claim of a granted and unexpired Dynavax Patent and/or Collaboration Patent insuch country that ( a ) has not been held permanently revoked, unenforceable or invalid by a decision of acourt or other governmental agency of competent jurisdiction, which decision is unappealable orunappealed within the time allowed for appeal, and ( b ) has not been abandoned, disclaimed, denied oradmitted to be invalid or unenforceable through reissue or disclaimer or otherwise ; or 1.123.2a Royalty - Bearing Claim of a pending Dynavax Patent and/or Collaboration Patent application, whichclaim was filed and is being prosecuted in good faith and has not been abandoned or finally disallowedwithout the possibility of appeal or re - filing of the application, provided that such application has notbeen pending for more than five ( 5 ) years