If (complainant’s) Trade Dress; claims 1, 2,or 3bof the ’pat No. Patent; the sole claim of the Design Patent; and/or the Mark has expired, is abandoned, or is held invalid, or unenforceable, or otherwise unprotectable by a court or agency of competent jurisdiction or if any Article in Suit has been found or adjudicated not to infringe the asserted rights in a final decision, no longer subject to appeal, this Agreement shall become null and void as to such expired, abandoned, invalid, unenforceable, or otherwise unprotectable claim or adjudicated article.