Common use of Patent Applications Clause in Contracts

Patent Applications. The Company and the Subsidiary have duly and properly filed or caused to be filed with the U. S. Patent and Trademark Office (the "PTO") or foreign and international patent authorities all patent applications disclosed in the Prospectus as owned by the Company and the Subsidiary (the "Company Patent Applications"). To the knowledge of the Company and the Subsidiary, the Company has complied with the PTO's duty of candor and disclosure for the Company Patent Applications and has made no material misrepresentation during prosecution of the Company Patent Applications. To knowledge of the Company and the Subsidiary, the Company Patent Applications disclose patentable subject matters, and the Company has not been notified of any inventorship challenges nor has any interference been declared or provoked nor is any material fact known by the Company and the Subsidiary that would preclude the issuance of patents with respect to the Company Patent Applications or would render such patents, if issued, invalid or unenforceable.

Appears in 3 contracts

Samples: Underwriting Agreement (NxStage Medical, Inc.), Underwriting Agreement (NxStage Medical, Inc.), Underwriting Agreement (NxStage Medical, Inc.)

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Patent Applications. The Company and the Subsidiary have has duly and properly filed or caused to be filed with the U. S. Patent and Trademark Office (the "PTO") or foreign and international patent authorities applications for all patents and all patent applications disclosed in the Prospectus as owned by the Company and the Subsidiary (the "Company Patent Applications"). To the knowledge of the Company and the SubsidiaryCompany, the Company has and its attorneys and agents have complied with the PTO's ’s duty of candor and disclosure for the Company Patent Applications and has have made no material misrepresentation during prosecution of the Company Patent Applications. To knowledge of the Company and the SubsidiaryCompany, the Company Patent Applications disclose patentable subject mattersmatter, and the Company has not been notified of any inventorship challenges nor has any interference been declared or provoked nor is any material fact known by the Company and the Subsidiary that would preclude the issuance of patents with respect to the Company Patent Applications or would render such patents, if issued, invalid or unenforceable. To the knowledge of the Company, all Company Patent Applications were and/or are being duly prosecuted.

Appears in 2 contracts

Samples: Purchase Agreement (TomoTherapy Inc), Purchase Agreement (TomoTherapy Inc)

Patent Applications. The Company and the Subsidiary its subsidiaries have duly and properly filed or caused to be filed with the U. S. Patent PTO and Trademark Office (the "PTO") or applicable foreign and international patent authorities all patent applications disclosed in the Prospectus as owned by the Company and the Subsidiary or any of its subsidiaries (the "Company Patent Applications"). To the knowledge of the Company, each of the Company and the Subsidiary, the Company its subsidiaries has complied with the PTO's ’s duty of candor and disclosure for the Company Patent Applications and has have made no material misrepresentation during prosecution of in the Company Patent Applications. To knowledge of the Company and the SubsidiaryCompany’s knowledge, the Company Patent Applications disclose patentable subject matters, and . Neither the Company nor any of its subsidiaries has not been notified of any inventorship challenges nor has any interference been declared or provoked nor is any material fact known by the Company and the Subsidiary that would preclude the issuance of patents with respect to the Company Patent Applications or would render such patents, if issued, invalid or unenforceable.

Appears in 1 contract

Samples: Underwriting Agreement (Minrad International, Inc.)

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Patent Applications. The Company and the Subsidiary its subsidiaries have duly and properly filed or caused to be filed with the U. S. Patent and Trademark Office (the "PTO") or and applicable foreign and international patent authorities all patent applications disclosed in the Prospectus as owned by the Company and the Subsidiary or any of its subsidiaries (the "Company Patent Applications"). To the knowledge Each of the Company and the Subsidiary, the Company its subsidiaries has complied with the PTO's ’s duty of candor and disclosure for the Company Patent Applications and has have made no material misrepresentation during prosecution of in the Company Patent Applications. To knowledge of the Company and the SubsidiaryCompany’s knowledge, the Company Patent Applications disclose patentable subject matters. To the Company’s knowledge, and neither the Company nor any of its subsidiaries has not been notified of any inventorship challenges nor has any interference been declared or provoked nor is any material fact known by the Company and the Subsidiary that would preclude the issuance of patents with respect to the Company Patent Applications or would render such patents, if issued, invalid or unenforceable.

Appears in 1 contract

Samples: Underwriting Agreement (DG FastChannel, Inc)

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