Common use of Patent Validity and No Patent Challenge Clause in Contracts

Patent Validity and No Patent Challenge. To the Knowledge of ARIAD US, the claims of the issued patents included in the Patents listed in Appendix 1.128 are not invalid and the issued patents included in the Patents listed in Appendix 1.128 are not unenforceable in the Territory. No Third Party has challenged in writing, or, to the Knowledge of ARIAD US, has threatened to challenge, the enforceability or validity of any issued patents included in the Patents listed in Appendix 1.128 or any claims therein, respectively in the Territory through the institution of legal proceedings in a court or through opposition, interference, reexamination, nullity or similar invalidity proceedings before a patent office or any equivalent government agency in the Territory. Appendix 1.128 represents all Patents that cover or disclose the Compounds and Products as of the Effective Date. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Patent Validity and No Patent Challenge. To the Knowledge of ARIAD US, the claims of the issued patents included in the Patents listed in Appendix 1.128 are not invalid and the issued patents included in the Patents listed in Appendix 1.128 are not unenforceable in the Territory. No Third Party has challenged in writing, or, to the Knowledge of ARIAD US, has threatened to challenge, the enforceability or validity of any issued patents included in the Patents listed in Appendix 1.128 or any claims therein, respectively in the Territory through the institution of legal proceedings in a court or through opposition, interference, reexamination, nullity or similar invalidity proceedings before a patent office or any equivalent government agency in the Territory. Appendix 1.128 represents all Patents that cover or disclose the Compounds and Products as of the Effective Date. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Patent Validity and No Patent Challenge. To the Knowledge of ARIAD USARIAD, the claims of the issued patents included in the Patents listed in Appendix 1.128 1 are not invalid and the issued patents included in the Patents listed in Appendix 1.128 1 are not unenforceable in the Territory. No Third Party has challenged in writing, or, to the Knowledge of ARIAD USARIAD, has threatened to challenge, the enforceability or validity of any issued patents included in the Patents listed in Appendix 1.128 1 or any claims therein, respectively in the Territory through the institution of legal proceedings in a court or through opposition, interference, reexamination, nullity or similar invalidity proceedings before a patent office the U.S. Patent and Trademark Office or any equivalent government agency analogous foreign entity in the Territory. Appendix 1.128 represents all Patents that cover or disclose the Compounds and Products as of the Effective Date. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.