Common use of Patents, Trademarks, Copyrights Clause in Contracts

Patents, Trademarks, Copyrights. (a) All patents and patent applications owned by or licensed to or used by the Company or any of its Subsidiaries that are listed in the Company Disclosure Letter have been duly filed in or issued by the United States Patent and Trademark Office or the corresponding offices of other countries or other jurisdictions to the extent set forth in the Company Disclosure Letter, and have been properly maintained in accordance with all applicable provisions of law and administrative regulations in the United States and each such country or other jurisdictions. Except as set forth in the Company Disclosure Letter: (i) the use of such patents by the Company and its Subsidiaries does not require the consent of any third party; (ii) such patents are freely transferable and are owned exclusively by the Company and its Subsidiaries free and clear of any attachments, liens, royalties, encumbrances, adverse claims, licenses or any other ownership or other interest of any other person whatsoever; (iii) no person has a license from the Company or any of its Subsidiaries to use any of such patents or any claim which may arise from the existence of such patent applications; (iv) no outstanding order, decree, judgment or stipulation, and no proceeding charging the Company or any of its Subsidiaries with infringement of any adversely held patent has been served upon the Company or any of its Subsidiaries at any time during the five-year period prior to and ending on the date hereof or, to the best of the knowledge of the Company and its Subsidiaries, is threatened to be filed; (v) the conduct of the business of the Company and its Subsidiaries as now conducted or proposed to be conducted will not result in the infringement of any of such patents; and (vi) to the best of the knowledge of the Company and its Subsidiaries, no person is infringing upon any of such patents.