definiens: means a pending or issued claim of any Patent wit hin the Presage Patents that : ( a ) has not been held unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction in a decision from which no appeal can or has been taken ; and ( b ) has not been admitted to be invalid or unenforceable through reissue, re - examin ation, disclaimer or otherwise . Notwithstanding the foregoing, if a claim of a pending patent applicati on within the Presage Patents has not issued as a c laim of a patent within [ * CONFIDENTIAL * ] after the filing date from which such claim takes priority, such claim shall not be a Valid Claim for the purposes o f this Agreement, unless and until such claim issue s as a claim of an issued patent ( from and after which tim e the same shall be deemed a Valid Claim subject to paragraphs ( a ) and ( b ) above ) . For the purposes of this definition and Section 1.14 above, with respec t to a pending patent application, the phrase to or means to engage in an activity that would infringe ( i.e., by either directly infringing, contributorily infring ing, or inducing infringement of ) such Valid Claim or claim, as applicable, if it were contained in an issued patent