Patent Proceedings Sample Clauses

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. 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 Ex-US BEMA Patent Rights or 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 Ex-US BEMA Technology and the BEMA Technology, or the use, manufacture, sale, or importation of technology or products embodying the BEMA Technology or Ex-US 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, and except that for purposes of this Section 5.05(c) only, Seller’s actual knowledge shall mean the actual knowledge, without having made an investigation or search, of Xxxxxxx X. Xxxxxx and Xxxx X. Xxxxxxxx, no prior use, manufacture, sale, or importation of the Ex-US BEMA Technology, 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 Ex-US 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.

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 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. 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. 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. Each Grantor represents and warrants that to the best of his knowledge, no patent application within the Licensed Patent is the subject of any pending interference, opposition, cancellation or other protest proceeding.

Patent Proceedings. 8.1. The Licensee will control and bear all future costs related to the continued prosecution, maintenance, defense, and enforcement of the Intellectual Property until termination of the Agreement. In the event that during the term of the License Licensee elects not to: (a) prosecute the Intellectual Property; (b) pay a maintenance fee and/or annuities for any Intellectual Property; or (c) take any other action necessary for the continued existence of the Intellectual Property, in any jurisdiction, Licensee shall promptly notify Licensors in writing. Within thirty (30) calendar days of receipt of such notice, Licensors shall have the right to terminate the License with respect to such jurisdiction. This right shall terminate upon any termination of the License. During the Royalty Period, the Licensee shall send copies of all correspondence relating to the patent proceedings of the Intellectual Property (or any application thereto) to the Inventors promptly after such correspondence is sent or received. 8.2. The Licensors, at the Licensee’s expense, shall fully cooperate with the Licensee in all continued prosecution, maintenance, defense, and enforcement of the Intellectual Property.

Patent Proceedings. ABI represents and warrants that (a) no patent application within the ABI Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) the ABI Technology does not infringe the intellectual property rights of any Third Party.