definiens: means ( a ) a claim in any issued and unexpired Akebia Patent in the Territory, which claim has not been held invalid or unenforceable by a non - appealed or un - appealabledecision of a court or Governmental Authority or other appropriate body of competent jurisdictionand has not been admitted invalid or unenforceable through reissue, reexamination, or disclaimer, or has not been made unenforceable due to failure to pay maintenance fees ; or ( b ) a claim in anypending Akebia Patent in the Territory that has not been abandoned or finally disallowed withoutthe possibility of appeal or re - filing of the application ; provided that such claim has not beenpending more than seven years from the priority date of such application ( but if such pendingclaim with a pendency of seven years or longer subsequently issues it will be considered a ValidClaim upon issuance ) . does not include any claim in any issued and unexpiredAkebia Patent in the Territory Covering an alternative manufacturing process to produce theLicensed Compound or a Licensed Product, including its components ( i.e