definiens: means, with respect to a Licensed Product in a particular country : ( i)a claim of an issued Patent Right covering [ [ * * * ] ] that would be infringed but for the licenses granted inthis Agreement and that has not ( A ) expired or been cancelled, ( B ) been declared invalid orunenforceable by a decision of a court, patent office, administrative agency, or other appropriate body ofcompetent jurisdiction, from which no appeal is or can be taken, ( C ) been admitted to be invalid orunenforceable through reexamination, reissue, disclaimer or otherwise, or ( D ) irretrievably lapsed or beenabandoned, revoked or disclaimed ; provided that Page 16 ( ii)solely with respect to Licensed Patent Rights within the MSK Upstream License, also includes a claim of a pending patent application constituting a Licensed Patent Right that was filedand is being prosecuted in good faith, covering [ [ * * * ] ] that would, if a patent containing such claim issues, be infringed but for the licenses granted in this Agreement and that has not been ( A ) pending for morethan [ [ * * * ] ] years, ( B ) abandoned or ( C ) finally disallowed without the possibility of appeal or re - filing ofthe application ; provided, however, that in the case of ( ii)(A ), if, thereafter, a patent containing such claimissues, such claim shall thereafter be considered a Valid, Practiced Claim in accordance with subclause(i ) above