Non-Infringement by Third Parties. To the Knowledge of the Company, there is no unauthorized use, unauthorized disclosure, infringement or misappropriation of any Company-Owned IP Rights, by any third party. As of the Agreement Date, the Company has not instituted, or provided any final notice with the intention to institute, any Legal Proceedings for infringement or misappropriation of any Company-Owned IP Rights.
Non-Infringement by Third Parties. As of the Effective Date, to MannKind’s knowledge, there are no activities by Third Parties (whether actual or threatened) that would constitute infringement of the MannKind Patents or misappropriation of the MannKind Know-How.
Non-Infringement by Third Parties. As of the Effective Date, to the knowledge of OTD, no third Persons are infringing the Licensed Patent Rights or Licensed Know-How.
Non-Infringement by Third Parties. [***] there are no activities by Third Parties that would constitute infringement of the Nanobiotix IP or misappropriation of the Nanobiotix Know-How in the Territory.
Non-Infringement by Third Parties. To the best of its knowledge, there are no activities by Third Parties that would constitute infringement of the Alexza Patents or misappropriation of the Alexza Know-How.
Non-Infringement by Third Parties. To VBI’s knowledge, no Third Party is infringing or misappropriating or threatening to infringe or misappropriate any VBI Technology.
Non-Infringement by Third Parties to AcelRx’s Best Knowledge, there are no activities by Third Parties that would constitute infringement of the AcelRx Patents or misappropriation of the AcelRx Know-How.
Non-Infringement by Third Parties. As of the Effective Date, it is unaware of any activities by Third Parties that would constitute domination, infringement or misappropriation of ATLAS as it may be applied to Target Assays or the Work Plan.
Non-Infringement by Third Parties. As of the Effective Date, to ACADIA’s Best Knowledge, there are no activities by Third Parties that would constitute infringement of the ACADIA Patents or misappropriation of the ACADIA Know-How.
Non-Infringement by Third Parties. As of the Effective Date, it is unaware of any activities by Third Parties that would constitute infringement or misappropriation of any Achillion Technology relating to any Compound.
