Enforceability; No Challenges. No item of Target Registered Intellectual Property, to the Knowledge of Target and any of its Subsidiaries, is invalid or unenforceable. Neither Target nor any of its Subsidiaries has, to its Knowledge, misrepresented, or failed to disclose, any facts or information in any application for any Target Registered Intellectual Property in any material respect and in a manner that would constitute fraud with respect to such application or result in unenforceability of the Target Registered Intellectual Property. With respect to each item of Target Registered Intellectual Property, neither Target nor any of its Subsidiaries has received written notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to Target Registered Intellectual Property Rights.
Enforceability; No Challenges. Each item of issued Target Registered Intellectual Property is subsisting and in good standing, valid and enforceable. Each item of Target Registered Intellectual Property that has not issued is subsisting and in good standing , and, to the Knowledge of Target, valid and enforceable. There are no facts, information, or circumstances, including any facts or information that would constitute prior art, that, to the Knowledge of Target, would render any of the Target Registered Intellectual Property invalid or unenforceable, or would preclude the issuance of or otherwise affect any pending application for any Target Registered Intellectual Property. Neither Target nor any of its Subsidiaries has misrepresented, or failed to disclose, any facts or information in any application for any Target Registered Intellectual Property that would constitute Fraud with respect to such application or that would otherwise affect the enforceability of any Target Registered Intellectual Property. With respect to each item of Target Registered Intellectual Property, neither Target nor any of its Subsidiaries has received notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to such Intellectual Property Rights, nor, to the Knowledge of Target, does there exist any fact that could lead to the commencement of any such action or proceeding.
Enforceability; No Challenges. Each item of Company Registered Intellectual Property is subsisting and in good standing, and, to the knowledge of the Company, valid and enforceable. The Company has not misrepresented, or failed to disclose, any facts or information known to the Company in any application for any Company Registered Intellectual Property that would constitute fraud or a misrepresentation with respect to such application or that would otherwise affect the enforceability of any Company Registered Intellectual Property. With respect to each item of Company Registered Intellectual Property and each item of Company Licensed Intellectual Property that has been registered with a Registration Office and is exclusively licensed to the Company, the Company has not received notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to such Intellectual Property Rights, nor does there exist, to the knowledge of the Company, any fact that could lead to the commencement of any such action or proceeding.
Enforceability; No Challenges. Each item of Registered Intellectual Property is subsisting and in good standing, and to the Knowledge of the Company valid and
Enforceability; No Challenges. Each item of Target Registered Intellectual Property is subsisting and in good standing, and to the Knowledge of Target valid and enforceable. Neither Target, any Target Subsidiary nor any Target Related Business has misrepresented, or failed to disclose, any facts or information in any application for any Target Registered Intellectual Property that would constitute fraud, misrepresentation or other inequitable conduct and to Target’s Knowledge there are no such facts or information or that would otherwise adversely affect the validity or enforceability of any Target Registered Intellectual Property. With respect to each item of Target Registered Intellectual Property and each item of Target Licensed Intellectual Property that has been registered with a Registration Office and is exclusively licensed to Target, any Target Subsidiary or any Target Related Business, neither Target, any Target Subsidiary nor any Target Related Business has received written notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registered Office relating to such Intellectual Property since January 1, 2011.
Enforceability; No Challenges. Except as set forth on Section 3.11(a)(ii) of the Company Disclosure Schedule, each item of Company Registered Intellectual Property is subsisting and in good standing. With respect to each of item of Company Registered Intellectual Property that has been granted or issued, to the Company’s Knowledge, such Company Registered Intellectual Property is valid and enforceable. None of the Company, any Company Subsidiary, or any of its or their counsel or agents has misrepresented, or failed to disclose, any facts or information in any application for any Company Registered Intellectual Property that would constitute fraud or a misrepresentation or inequitable conduct with respect to such application. With respect to each item of Company Registered Intellectual Property, neither the Company nor any Company Subsidiary has received notice of any inter partes review, derivative proceedings, inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registration Office relating to such Intellectual Property.
Enforceability; No Challenges. Each item of Acquired Registered Intellectual Property is subsisting and in good standing, and to Seller’s Knowledge, valid and enforceable. To the actual knowledge of the individuals set forth on Schedule 3.9(a)(ii), there are no facts, information, or circumstances, including any facts or information that would constitute prior art, that would render any of the Acquired Registered Intellectual Property invalid or unenforceable, or would preclude the issuance of or otherwise affect any pending application for any Acquired Registered Intellectual Property. Neither the Seller Group nor the Additional Seller Group Company, nor any of their counsel responsible for prosecuting Acquired Registered Intellectual Property, has misrepresented, or failed to disclose, any facts or information in any application or any correspondence with a Registration Office for or related to any Acquired Registered Intellectual Property that would constitute a breach of the duty of candor and disclosure, fraud or other inequitable conduct with respect to such application or that would otherwise affect the enforceability of any Acquired Registered Intellectual Property. With respect to each item of Acquired Registered Intellectual Property, neither Seller nor any of its Affiliates has received written notice of any inventorship challenge, opposition, cancellation, inter partes review, derivative proceeding, re-examination (including supplemental re-examination), interference, invalidity, unenforceability or other action or Legal Proceeding before any Registration Office relating to such Intellectual Property, nor to Seller’s Knowledge, does there exist any fact that could lead to the commencement of any such action or proceeding.
Enforceability; No Challenges. Each item of Company Registered Intellectual Property is subsisting and in good standing, and other with respect to applications, is valid and enforceable. Neither the Company nor any Company Subsidiary has received notice of any inventorship challenge or any other action or proceeding before any Registration Office challenging the use, ownership, validity, enforceability or registrability of any Company Registered Intellectual Property, nor does there exist any fact that could lead to the commencement of any such action or proceeding.
Enforceability; No Challenges. Each item of Apollo-Registered Intellectual Property is subsisting and in good standing. With respect to each item of Apollo-Registered Intellectual Property that has been registered, granted or issued, such Apollo-Registered Intellectual Property is enforceable and valid. To Xxxxxx’s Knowledge, none of the Apollo Entities, nor any of their Affiliates nor any of their counsel or agents has misrepresented, or failed to disclose, any facts or information in any application for any Apollo-Registered Intellectual Property that would constitute fraud or a misrepresentation or inequitable conduct with respect to such application. With respect to each item of Apollo-Registered Intellectual Property, none of the Apollo Entities has received notice of any inter partes review, derivative proceedings, inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability, refusal or other Action or Legal Proceeding relating to such Registered Intellectual Property.
Enforceability; No Challenges. Each item of Company Registered Intellectual Property is valid and enforceable. None of the Acquired Companies has misrepresented, or failed to disclose, any facts or information in any application for any Company Registered Intellectual Property that would constitute fraud, misrepresentation or other inequitable conduct, and to the Company’s Knowledge, there are no such facts or information or that would otherwise adversely affect the validity or enforceability of any Company Registered Intellectual Property. With respect to each item of Company Registered Intellectual Property and each item of Company Licensed Intellectual Property that has been registered with a Registration Office and is exclusively licensed to an Acquired Company, no Acquired Company has received written notice of any inventorship challenge, opposition, cancellation, re-examination, interference, invalidity, unenforceability or other action or proceeding before any Registration Office relating to such Intellectual Property during the Applicable Lookback Period.
