Common use of PTO Matters Clause in Contracts

PTO Matters. The Company and its subsidiaries have duly and properly filed or caused to be filed with the United States Patent and Trademark Office (the “PTO”) and applicable foreign and international patent authorities all pending or issued patent applications owned by or exclusively licensed to the Company that are material to the Company and its subsidiaries, taken as a whole (the “Company Patent Applications”). To the knowledge of the Company, the Company and its subsidiaries and licensors have complied with the PTO’s duty of candor, good faith and disclosure and best mode requirement for the Company Patent Applications, and all other requirements for patentability and enforceability of any resultant patents, and have made no material misrepresentation in the Company Patent Applications. To the knowledge of the Company, the Company and its subsidiaries and licensors have complied with the relevant foreign filing requirements underlying patentability and enforceability of any resultant patents for the Company Patent Applications pending in countries outside the United States. The Company is not aware of any information material to a determination of patentability regarding the Company Patent Applications not called to the attention of the PTO or similar foreign authority. The Company is not aware of any information not called to the attention of the PTO or similar foreign authority which would preclude the grant of a patent for the Company Patent Applications. The Company has no knowledge of any information which would preclude the patentability, validity or enforceability of any of patents or patent applications owned by the Company or its subsidiaries or licensed to the Company or its subsidiaries.

PTO Matters. The Company and its subsidiaries have has duly and properly filed or caused to be filed with the United States Patent and Trademark Office (the “PTO”) and applicable foreign and international patent authorities all pending or issued patent applications owned by or exclusively licensed by the Company related to the Company that are material to Company’s programs disclosed in the Company Prospectus as well as the Company’s periodic reports and its subsidiaries, taken as a whole other information incorporated by reference therein (the “Company Patent Applications”), except for such improper filings and failures to file that individually or in the aggregate have not had, and would not reasonably be expected to have, a Material Adverse Effect. To the knowledge of the Company, the Company and its subsidiaries and licensors have has complied with the PTO’s duty of candor, good faith candor and disclosure and best mode requirement for the Company Patent Applications, and all other requirements for patentability and enforceability of any resultant patents, and have has made no material misrepresentation in the Company Patent Applications. To the knowledge of the Company, the Company and its subsidiaries and licensors have has complied with the relevant foreign filing requirements underlying patentability and enforceability of any resultant patents for the Company Patent Applications pending in countries outside the United States. The Company To the Company’s knowledge, there is not aware of any no information material to a determination of patentability regarding the Company Patent Applications not called to the attention of the PTO or similar foreign authority. The Company To the Company’s knowledge, there is not aware of any no information not called to the attention of the PTO or similar foreign authority which would preclude the grant of a patent for the Company Patent Applications. The Company has no knowledge of any information which would preclude the patentability, validity or enforceability of any of patents or patent applications owned by the Company or its subsidiaries or licensed from having clear title to the Company or its subsidiariesPatent Applications.

PTO Matters. The Company and its subsidiaries have duly and properly filed or caused to be filed with the United States Patent and Trademark Office (the “PTO”) and applicable foreign and international patent authorities all pending or issued patent applications owned by or exclusively licensed to the Company that are material to the Company and its subsidiaries, taken as a whole (the “Company Patent Applications”). To the knowledge of the Company, the Company and its subsidiaries and licensors have complied with the PTO’s duty of candor, good faith and disclosure and best mode requirement for the Company Patent Applications, and all other requirements for patentability and enforceability of any resultant patents, and have made no material misrepresentation in the Company Patent Applications. To the knowledge of the Company, the Company and its subsidiaries and licensors have complied with the relevant foreign filing requirements underlying patentability and enforceability of any resultant patents for the Company Patent Applications pending in countries outside the United States. The Company is not aware of any information material to a determination of patentability regarding the Company Patent Applications not called to the attention of the PTO or similar foreign authorityauthority (other than filings in the ordinary course of business). The Company is not aware of any information not called to the attention of the PTO or similar foreign authority which would preclude the grant of a patent for the Company Patent ApplicationsApplications (other than filings in the ordinary course of business). The Company has no knowledge of any information which would preclude the patentability, validity or enforceability of any of the patents or patent applications owned by the Company or its subsidiaries or licensed to the Company or its subsidiaries, except as would not, individually or in the aggregate, have a Material Adverse Effect.