Patent Proceedings. Atrix represents and warrants that (a) no patent application within the Atrix Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) to the best of its knowledge, the Atrix Technology does not infringe the intellectual property rights of any Third Party.
Patent Proceedings. LGLS represents and warrants that, to the best of its knowledge, no patent application within the LGLS Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. As of the date of this Agreement and as of the Effective Date, Atrix represents and warrants that, to the best of its knowledge, (a) no patent or patent application within the Atrigel(R) Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) the Atrigel(R) Technology does not infringe the published intellectual property rights of any Third Party.
Patent Proceedings. The Foundation represents and warrants that, to the best of its knowledge, no patent application within the Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. Valentis represents and warrants that to the best of its knowledge, no patent or patent application within the Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. As of the Effective Date, Seller represents and warrants that to Seller’s actual knowledge, without having made an investigation or search, (a) no patent or patent application within the BEMA Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, (b) except with respect to matters previously disclosed to Seller by Buyer or its Affiliates, there is no claim pending, previously made, or threatened alleging that the BEMA Technology, or the use, manufacture, sale, or importation of technology or products embodying the BEMA Technology, infringes or misappropriates any copyright, patent, trade secret, trademark, or other published intellectual property right of any third party, (c) except with respect to matters previously disclosed to Seller by Buyer or its Affiliates, no prior use, manufacture, sale, or importation of the BEMA Technology, or any technology or products embodying the foregoing by Seller, its Affiliates, or their Third Party licensees (excluding Seller’s grant of licenses under the License Agreement) constituted infringement or misappropriation of any copyright, patent, trade secret, trademark, or other published intellectual property right of any Third Party, (d) all filings, payments, and other actions required to be made or taken to maintain such item of the BEMA Patent Rights in full force and effect have been made by the applicable deadline, and (e) that it has complied, in all material respects, with its obligations under the License Agreement. For purposes of this Section 5.05, Seller’s actual knowledge shall mean the actual knowledge, without having made an investigation or search, of Xxxx X. Xxxxxxxx, it being understood by the parties that Buyer has been responsible for maintaining and protecting the BEMA Patent Rights and the Marks since August 16, 2006, except for the last two items on Exhibit A, for which, to the extent responsibility therefor has not previously been transferred to Buyer, such responsibility will be transferred no later than the Effective Date.
Patent Proceedings. To the Knowledge of Seller, except as set forth in Section 3.5(e) of the Disclosure Schedule, none of the issued Program Patents are subject to any pending reissues, reexaminations, post-grant proceedings, requests for patent term extensions, supplementary protection certificates, interferences, derivation proceedings, or defense of invalidation or opposition proceedings or other challenges to validity or enforceability.
Patent Proceedings. 20 Section 11.06. Adverse Properties....................................20 Section 11.07.
Patent Proceedings. Altana represents and warrants that (a) no patent application within the Altana Technology is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) the Altana Technology or Marks do not infringe the intellectual property rights of any Third Party.
Patent Proceedings. Lessee recognizes Lessor has a current patent application In place for three (3) of the unpatented mining claims. They are Golden Eagle, Golden Eagle 2 and Golden Eagle 3. Lessor shall have all rights necessary to perfect said patent. Lessor upon perfection of patent shall have exclusive ownership of all surface rights subject only to lease of mineral estate and rights of Lessee to ingress and egress for purpose of mineral exploration and development. Along those lines enumerated in paragraph 7 (f) and (g) of the Global Settlement Agreement signed between the parties. Said agreement is attached hereto and made a part thereof SECTION 9.
