Non-Infringement of Third Party IP. Except as set forth on Schedule 10.2(c), to Surface’s knowledge, the Development or Manufacture of the Licensed Product, as conducted by Surface, its Affiliates or its sublicensees, or its subcontractors prior to the Effective Date, and the Commercialization thereof if Surface were Commercializing the Licensed Product as of the Effective Date, did not or would not infringe any issued Patent Right or misappropriate or otherwise violate or misappropriate any Know-How of any Person. No claim of Infringement of the Licensed Patents or misappropriation of the Licensed Know-How of any Third Party has been brought or asserted, or to Surface’s knowledge, threatened, against Surface or any of its Affiliates with respect to the Development, Manufacture or Commercialization of Licensed Products.
Non-Infringement of Third Party IP. To Lyra’s knowledge, the Development, Manufacture, or Commercialization of the Licensed Product, as conducted by Lyra, its Affiliates, or its or their Sublicensees on or prior to the Effective Date does not infringe any Patent Right or misappropriate or otherwise violate or misappropriate any Know-How of any Person (in the case of pending Patent Rights, evaluating them as if issued). No claim of infringement of the Patent Rights or misappropriation of the Know-How of any Third Party has been received by the Lyra, or to Lyra’s knowledge, threatened, against Lyra, any of its Affiliates or its or their Sublicensees with respect to the Development, Manufacture or Commercialization of Licensed Products. To Lyra’s knowledge, the Development, Manufacture, or Commercialization of the Licensed Product will not infringe, misappropriate or otherwise violate any Intellectual Property of any Third Party.
Non-Infringement of Third Party IP. [***], the Development, Manufacture, or Commercialization of the Licensed Product in the Territory does not infringe any Patent Right or misappropriate or otherwise violate or misappropriate any Know-How of any Person (in the case of pending Patent Rights, evaluating them as if issued). No written claim of infringement of the Patent Rights or misappropriation of the Know-How of any Third Party has been received by Landos, or [***], threatened, against Landos, any of its Affiliates or its or their Sublicensees with respect to the Development, Manufacture or Commercialization of Licensed Products. [***], the practice by Lian under the Licensed Technology or the Development, Manufacture, or Commercialization of the Compounds or Licensed Products as contemplated under this Agreement will not infringe, misappropriate or otherwise violate any Intellectual Property of any Third Party.
Non-Infringement of Third Party IP. To Infinity’s knowledge, the Development, Manufacture and Commercialization of the Licensed Compounds or Products, as conducted by Infinity prior to the Execution Date did not infringe any then-issued Patent Right or misappropriate any then-existing Know-How or other intellectual property or proprietary right of any Person. To Infinity’s knowledge, the Development, Manufacture and Commercialization of the Licensed Compounds or Products as specifically described in the initial GDP attached hereto as Exhibit C (other than the Combination Clinical Studies) would not infringe any Patent Right issued as of the Effective Date or misappropriate any Know-How or other intellectual property or proprietary right of any Person existing as of the Effective Date. To Infinity’s knowledge, the Infinity Patent Rights and Infinity Know-How comprise all of the Patent Rights and Know-How necessary for Developing the Licensed Compound and Product, other than Patent Rights and Know-How necessary for Developing any other active ingredient in Combination Products, in accordance with the Development Plan and for Commercializing the Product as it exists on the Execution Date. No written claim of infringement of the Patent Rights or misappropriation of the Know-How of any Third Party has been made, or to Infinity’s knowledge, threatened, against Infinity or any of its Affiliates with respect to the Development, Manufacture or Commercialization of the Licensed Compound or Products.
Non-Infringement of Third Party IP. To Sutro’s knowledge, the Development, Manufacture or Commercialization of the Licensed Product, as conducted by Sutro, its Affiliates, or its or their Sublicensees prior to the Effective Date did not infringe any Patent Right in the Territory or misappropriate or otherwise violate any Know-How of any Third Party (in the case of pending Patent Rights, evaluating them as if issued). No claim of infringement of the Patent Rights in the Territory or misappropriation of the Know-How of any Third Party has been received by Sutro, or to Sutro’s knowledge, threatened, against Sutro, any of its Affiliates or its or their Sublicensees with respect to the Development, Manufacture or Commercialization of Licensed Products in the Territory. To Sutro’s knowledge, the Development, Manufacture or Commercialization of the Licensed Compound or Licensed Product would not infringe, if Developed, Manufactured or Commercialized as of the date hereof, any Patent Right in the Territory or misappropriate or otherwise violate any Know-How of any Third Party (in the case of pending Patent Rights, evaluating them as if issued).
Non-Infringement of Third Party IP. To OncoC4’s knowledge, the (i) Development and Manufacture of the Licensed Compound and Licensed Product, as conducted by OncoC4 and its Affiliates prior to the Effective Date did not infringe any Patent or misappropriate any Know-How of any Person (in the case of pending Patents, evaluating them as if issued) and (ii) Commercialization of Licensed Compound and Licensed Product as contemplated in the CDP as of the Effective Date will not infringe the Patent of any Third Party. No written claim of infringement or alleged infringement of the Patents that is Controlled by or misappropriation of the Know-How that is Controlled by any Third Party has been received by OncoC4, or to OncoC4’s knowledge, threatened, against OncoC4 or any of its Affiliates with respect to the Development or Manufacture of the Licensed Compound or Licensed Product. To OncoC4’s knowledge, no Patents owned by a Third Party currently Claim Licensed Compound or Licensed Product, nor their use in any field.
Non-Infringement of Third Party IP. To AVEO’s Knowledge, the Development and Manufacture of the Products, as conducted by AVEO prior to the Effective Date, did not infringe any Patent Right or misappropriate or otherwise violate any Know-How of any Person. To AVEO’s Knowledge, the Development and Manufacture of the Products as specifically described in this Agreement and the POC Development Plan in effect on the Effective Date will not infringe any Patent Right or misappropriate or otherwise violate any Know-How of any Person existing as of the Effective Date. No written claim of infringement of the Patent Rights or misappropriation of the Know-How of any Third Party has been made, or to AVEO’s Knowledge, threatened, against AVEO or any of its Affiliates with respect to the Development, Manufacture or Commercialization of the Product.
Non-Infringement of Third Party IP. To Mirati’s [***], the Development or Manufacture of the Licensed Products, as conducted by Mirati or its Affiliates or its or their respective licensees prior to the Effective Date did not infringe any Patent Right (in the case of pending Patent Rights, evaluating them as if issued) or misappropriate or otherwise violate or misappropriate any Know-How or other intellectual property right of any Person. No written claim of Infringement or other violation of any intellectual property right of any Third Party has been received by Mirati, or, to Mirati’s [***], threatened, against Mirati or any of its Affiliates in connection with the discovery, Development, Manufacture or Commercialization of Licensed Compounds or Licensed Products.
Non-Infringement of Third Party IP. To Abeona’s knowledge, the Development or Manufacture of Licensed Products, as conducted by Abeona, its Affiliates or its sublicensees, or its subcontractors prior to the Effective Date did not or would not infringe any issued Patent or misappropriate or otherwise violate or misappropriate any Know-How of any Person. No claim of infringement of the Licensed Patents or misappropriation of the Licensed Know-How of any Third Party has been brought or asserted, or to Abeona’s knowledge, threatened, against Abeona or any of its Affiliates with respect to the Development, Manufacture or Commercialization of Licensed Products.
Non-Infringement of Third Party IP. To Coya’s knowledge, the Development or manufacture of Final Product, as conducted by Coya, its Affiliates, its and their (sub)licensees, ARScience, and Methodist prior to the Effective Date did not infringe any Patent Right or misappropriate or otherwise violate any Know-How of any Person (in the case of pending Patent Rights, evaluating them as if issued). No claim of infringement of Patent Rights of any Third Party or misappropriation of Know-How of any Third Party is pending against or has been received by Coya or its Affiliates (or, to Coya’s knowledge, ARScience or Methodist), or to Coya’s knowledge, threatened, against Coya, any of its Affiliates, ARScience, or Methodist with respect to the Development or manufacture of Final Product. To Coya’s knowledge, the Development, manufacture and Commercialization of Final Product as contemplated by this Agreement can be carried out without infringing, misappropriating or violating any Patent Rights or Know-How of any Third Party.
