Absence of Infringement. To Progenics’s Knowledge, in the Designated Countries there is no actual, alleged or threatened infringement of the Licensed Patent Rights or actual, alleged or threatened misuse or wrongful appropriation of Licensed Know-How or Regulatory Documentation, in each case by any Person.
Absence of Infringement. To the best knowledge of the Company, and except as set forth on Schedule 3.12 hereto, the use by the Company and the Subsidiaries of all Intellectual Property Rights used in the conduct of its business as presently conducted or as proposed to be conducted does not infringe the rights of any person in any manner which has, or could reasonably be expected to have, a Material Adverse Effect on the Company; no claims are pending or, to the best knowledge of the Company, threatened by any person against the Company or any of its Subsidiaries as to the use of any Intellectual Property Rights; and no third person is infringing on the Intellectual Property Rights of the Company or any of its Subsidiaries in a manner which could reasonably be expected to have a Material Adverse Effect on the Company. 13 17 (c)
Absence of Infringement. Alliance has not put a third party on notice of actual or potential infringement of the Licensed Patents, Alliance has not considered enforcement action(s) with respect to the Licensed Patents and is not aware of any actual infringement of the Licensed Patents.
Absence of Infringement. The use by the Company of all Intellectual Property Rights used in the conduct of its business as presently conducted or as proposed to be conducted does not infringe the rights of any person in any manner which has, or would reasonably be expected to have, a Material Adverse Effect on the Company. No claims are pending or, to the best knowledge of the Company, threatened by any person against the Company as to the use of any Intellectual Property Rights. To the Company's best knowledge, no third person is infringing on the Intellectual Property Rights of the Company in a manner, which would reasonably be expected to have a Material Adverse Effect on the Company.
Absence of Infringement. Except as set forth in Section 2.11(e) of the Seller Disclosure Letter, to Seller’s Knowledge, there is no (i) actual or alleged infringement by any Person of any Licensed Q-Med Patent Right, (ii) actual or alleged misuse or wrongful appropriation of any Know-How or Regulatory Documentation controlled by the Company or its Subsidiary or (iii) actual or alleged misuse or wrongful appropriation of any Know-How currently used by Q-Med in connection with Development, Manufacture or Commercialization of any Product or Q-Med’s Regulatory Documentation relating to any Product.
Absence of Infringement. To the knowledge of Photocure, there is no actual, alleged or threatened infringement of the Licensed Patents or actual, alleged or threatened misuse or wrongful appropriation of Licensed Technical Information or Regulatory Documentation, in each case by any Person.
Absence of Infringement. Except as set forth on Schedule 2.12(d), the business of the Company as generally conducted in the Ordinary Course prior to the date hereof, including the development, manufacture, marketing, sale or use of any product or service by the Company, has operated satisfactorily without the use any intellectual property rights other than the Intellectual Property. To the Seller’s Knowledge, the use and application of the Intellectual Property and the operation of the business of the Company in the Ordinary Course prior to the date hereof does not infringe in any respect upon the intellectual property rights of any Person, and no Person has claimed or threatened to claim the right to use any Intellectual Property, or to deny the right of the Company to use the same. No proceeding alleging infringement of the intellectual property rights of any Person is pending or to the Knowledge of Seller, threatened against the Company. The Company has taken all commercially reasonable precautions to protect the secrecy, confidentiality, and value of its material trade secrets and to the Seller’s Knowledge, none of the Company’s material trade secrets (except for those trade secrets that the Company has, in its business judgment, decided not to continue to protect as trade secrets, if any) (i) are part of the public knowledge or literature, or (ii) have been used, divulged, or appropriated either for the benefit of any Person (other than the Company) or to the detriment of the Company.
Absence of Infringement. Except as set forth in Schedule 6.5 to this Agreement, to the best of Seller's knowledge, the use by Seller of the Intellectual Property has not created any conflict with or infringement upon any intellectual property rights of third parties, and Seller has not been notified of any such conflicts or infringement claims.
