definiens: means ( a ) means a claim of a pending, issued or granted andunexpired patent Controlled by Calithera and licensed to [COMPANY] under the Calithera PatentRights or Joint Patent Rights that Cover a Licensed Product in the country of sale, which has notbeen revoked or held unenforceable, unpatentable or invalid by a decision of a court or othergovernmental agency of competent jurisdiction ( which decision is not appealable or has not beenappealed within the time allowed for appeal ), and ( b ) which claim has not been disclaimed, denied or admitted to be invalid, unpatentable or unenforceable through reissue, re - examinationor disclaimer or otherwise ; provided that any such claim in any pending patent application hasnot been pending for more than [ * ] from the date of its earliest priority date ; and provided furtherthat if any such claim issues after the end of such [ * ], and the [ * ], it will upon such issuanceagain be a Valid Claim subject to clause ( a ) above