Litigation and Actions Relating to Intellectual Property. Avidity: (a) has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Avidity Technology, including the Avidity Patents, or Avidity’s or its Affiliates’ rights therein; and (b) is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Avidity or any of its Affiliates is infringing or has misappropriated or otherwise is violating any Patent right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Avidity to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. Except as set forth on Exhibit 10.2, ProQR: (a) has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the ProQR Technology, including the ProQR Patents, or ProQR’s or its Affiliates’ rights therein; and (b) is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that ProQR or any of its Affiliates is infringing or has misappropriated or otherwise is violating any Patent right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of ProQR to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. As of the Signing Date: (a) Dicerna has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Licensed Technology, including the Licensed Patent Rights, or Dicerna’s or its Affiliates’ rights, therein; and (b) Dicerna is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Dicerna or its Affiliates is infringing or has misappropriated or otherwise is violating any Patent Right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair in any material respect the ability of it or its Affiliates to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. As of the Execution Date and as of the Effective Date: (a) Alnylam has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Licensed Technology, including the Licensed Patent Rights, or Alnylam’s rights therein; and (b) to Alnylam’s Knowledge, there is no pending or threatened action, suit, proceeding or claim by a Third Party asserting that Alnylam is infringing or has misappropriated or otherwise is violating any Patent Right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Alnylam to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. CAMP4:
(a) has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Licensed Patents, or CMCC, Harvard, DFCI, CAMP4’s or its Affiliates’ rights therein; (b) is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that the practice of the Licensed Patents, CMCC Know-How or CAMP4 Know-How infringes or misappropriate or otherwise violates any Patent right, trade secret or other proprietary right of any Third Party; and (c) is not aware of any Patent right, trade secret or other proprietary right of any Third Party that would be infringed, misappropriated or otherwise violated by the future making, using, selling, importing or exporting of a Licensed Product under this Agreement.
Litigation and Actions Relating to Intellectual Property. Metagenomi or any of its Affiliates: (a) have not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Metagenomi Licensed Collaboration Technology, including any Patents within the Metagenomi Licensed Collaboration Technology, or Metagenomi’s or its Affiliates’ rights therein; and (b) are not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Metagenomi or any of its Affiliates is infringing or has misappropriated or otherwise is violating any Patent right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Metagenomi to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. Moderna or any of its Affiliates: (a) have not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Moderna Licensed Collaboration Technology, including any Patents within the Moderna Licensed Collaboration Technology, or Moderna’s or its Affiliates’ rights therein; and (b) are not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Moderna or any of its Affiliates is infringing or has misappropriated or otherwise is violating any Patent right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Moderna to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. As of the Effective Date: (a) Dicerna has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Licensed Technology, including the Licensed Patent Rights, or Xxxxxxx’s or its Affiliates’ rights, therein; and (b) Dicerna is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Dicerna or its Affiliates is infringing or has misappropriated or otherwise is
Litigation and Actions Relating to Intellectual Property. As of the Execution Date and as of the Effective Date: (a) Centrexion has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Licensed Technology, including the Licensed Patent Rights, or Centrexion’s rights therein; and (b) to Centrexion’s Knowledge, there is no pending or threatened action, suit, proceeding or claim by a Third Party asserting that Centrexion is infringing or has misappropriated or otherwise is violating any Patent Right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Centrexion to fulfill any of its obligations under this Agreement.
Litigation and Actions Relating to Intellectual Property. Merus: (a) has not received any written notice of any threatened claims or litigation seeking to invalidate or otherwise challenge the Merus Know-How or Merus Patents, or Merus’s or its Affiliates’ rights therein; (b) is not aware of any pending or threatened action, suit, proceeding or claim by a Third Party asserting that Merus or any of its Affiliates is infringing or has misappropriated or otherwise is violating any Patent right, trade secret or other proprietary right of any Third Party as would reasonably be expected to impair the ability of Merus to fulfill any of its obligations under this Agreement; and (c) is not aware of any Patent right, trade secret or other proprietary right of any Third Party that Merus reasonably believes would be infringed, misappropriated or otherwise violated [*].
