definiens: shall mean : ( i ) any issued, unexpired patent claim in a Patent included in Licensed Patent Rights that covers Napo Technology and/or aProduct without regard to its intended use, which claim has not been finally and permanently disclaimed, denied or admitted to be unpatentable or invalid, or been found to be unpatentable, invalid or unenforceable in a judgment or other order by a court or other authorized tribunal in the country in which thepatent is issued, for which all applicable appeal time periods have expired ; and ( ii ) any claim contained in a pending patent application in a Patentincluded in Licensed Patent Rights that covers the Napo Technology and/or the Product without regard to its intended use, which claim has beendiligently prosecuted and has not been pending for more than eight ( 8) years after the Effective Date, or has not been finally rejected and all applicableappeal periods or reinstatement periods have expired