Prior Art. The Parties acknowledge the disclosure of prior art made by IROC Innocross to Avedro as of the Effective Date, and the existence of such prior art including, with no limitations, any future suits, claims, actions, proceedings and demands of any Third Party based on such prior art, if any, shall irrespective of their final outcome not be deemed a breach of IROC of any of the representations and/or warranties made by it under this Section 8.2.
Prior Art. Concert is not aware of any reference or prior art that, in Concert’s reasonable judgment, would preclude the issuance of any claim in a Licensed Patent directed to a D-GHB Compound;
Prior Art. Each party shall cooperate with the other to the extent reasonably possible to ensure that all known prior art that is material to the examination of a Joint Patent Right is brought to the attention of the other party and the U.S. Patent and Trademark Office.
Prior Art. All prior art, information and facts that, to the Knowledge of the Sellers, exist at the date hereof that, in the opinion of a reasonable patent attorney registered to practice before the United States Patent & Trademark Office, would be material to the patentability or validity of any claims of the Company Patent Rights or Third Person Patent Rights, have been disclosed to Buyer’s patent counsel. The Company has made no public disclosures which would constitute prior art against any Company Patent Rights, whether registered or not.
Prior Art. To Arrowhead’s knowledge, there is not any reference or prior art that would anticipate the issuance of any claim as pending as of the Execution Date in any Arrowhead Patent Rights. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
Prior Art. To the Knowledge of the Sellers, all relevant prior art applicable to the Third Party Patent Rights that exists at the date hereof has been identified or otherwise disclosed to the United States Patent & Trademark Office in accordance with the duty of candor. The Company has made no public disclosures which would constitute prior art against any Company Patent Rights, whether registered or not.
Prior Art. To Takeda’s Knowledge, there is not any reference or prior art that would anticipate the issuance of any claim as pending as of the Execution Date in any Takeda Patent Rights.
Prior Art. Except for broad-based university-owned patents for which non-exclusive licenses are available, Lilly and Neurocrine represent and warrant that, as of October 1, 1996, they and their employees have no knowledge of any United States or foreign pending patent application or issued patent which might be infringed by the practice of Existing Neurocrine Technology or in carrying out the Project.
Prior Art. HCW is not aware of any reference or prior art that would preclude the issuance of any claim in a Licensed Patent;
Prior Art. To Xenon’s Knowledge, there is not any reference or prior art that would anticipate the issuance of any claim as currently pending as of the Effective Date in any Xenon Patent Rights.
