Title to Patent Rights. To the best knowledge of Hospital’s Office of Research, Ventures and Licensing, Hospital is the owner by assignment from Xx. Xxxxxxxx Xxxxx and Dr. Xxxxxx Xxxxxxx of the Patent Rights and has the authority to enter into this Agreement and license the Patent Rights to Company hereunder.
Title to Patent Rights. To the best knowledge of Hospital’s Innovation office as of the Effective Date, (i) Hospital is the owner by assignment from [**] of the Patent Rights and there are no claims, liens or encumbrances with respect to such Patent Rights, and (ii) Hospital has the authority to enter into this Agreement and license the Patent Rights to Company hereunder.
Title to Patent Rights. Subject to the other provisions of this Agreement, and any independent rights in others, the ownership of Research Program Patent Rights shall be determined in accordance with the principles of inventorship and ownership as prescribed by U.S. patent law. Thus, the Parties contemplate that Research Program Patent Rights may be jointly owned by both Parties or owned solely by one Party.
Title to Patent Rights. Hospital is an owner by assignment from [***] of the Patent Rights and has the sole authority to enter this Agreement, and to license the Patent Rights to Company hereunder. Hospital hereby represents and warrants to Company that, as between Hospital and the Co-Owners, pursuant to the terms and conditions of the IAAs, Hospital has exclusive agency to license the Patent Rights and all Co-Owners have agreed that Hospital has the sole legal right and authority to grant licenses under the ownership interests of the Co-Owners in the Patent Rights on behalf of all Co-Owners, and that no Co-Owner (other than Hospital) is permitted to grant to any third party any license under its rights in the Patent Rights, and that, to the best of Hospital’s knowledge as of the Effective Date, there is no encumbrance, lien or restriction or retained or reserved rights of any Co-Owners (other than the reserved academic rights as set forth in Section 2.3 of this Agreement) or of any third party that would conflict or interfere with the exclusive license rights granted to Company hereunder. To the best of Hospital’s Innovation Office’s knowledge as of the Effective Date, (a) Hospital has not received written notice from a third party of any pending or threatened legal action or proceeding asserting that the use of the Patent Rights as contemplated by the License to be granted hereunder does or would infringe or misappropriate the intellectual property rights of any third party; (b) Hospital has not granted a license in, to or under, or any option or other right to Patent Rights that would conflict or interfere with the rights granted to Company under the License, and (c) the execution, delivery and performance of the License does not conflict with, or constitute a breach of, any order, judgment or agreement to which Hospital is a party.
Title to Patent Rights. Hospital represents that as of the Effective date, to the best of its actual knowledge without investigation that: (i) Hospital is the sole and exclusive owner by assignment from Xx. Xxxxxx Xxxxxx and Dr. Xxxx Butovskie, the Inventors of the Patent Rights and has the authority to enter into this Agreement and license the Patent Rights to Company hereunder, (ii) the Hospital has no obligations that would prevent the execution and performance of this, and (iii) Hospital has not granted any license or other right under the Patent Rights in the Field in the Territory to any third party except as set forth in Section 2.3.
Title to Patent Rights. To the best knowledge of Hospital’s Innovation office, (a) Hospital is the owner in the following issued patents and patent applications: U.S. Patent [***] by assignment from [***]; U.S. Patent [***] by assignment from [***]; and International Patent Application [***] by assignment from [***]; (b) Hospital has not received any written claim or written notice that the Patent Rights are invalid or unenforceable, excluding written notices from patent offices received in the course of prosecuting the Patent Rights; (c) Hospital has not received any written notice of any current claims, liens or encumbrances with respect to the rights and licenses to the Patent Rights; (d) Hospital has the authority to enter into this Agreement and license the Patent Rights in the License Field (as defined in Appendix B); and (e) Hospital is not a party to any agreement that would preclude Hospital from granting the rights set forth in this Agreement.
Title to Patent Rights. To the best knowledge of HOSPITAL’s Office of Corporate Sponsored Research and Licensing, HOSPITAL is the owner by assignment of the PATENT RIGHTS and has the authority to enter into this agreement and license the PATENT RIGHTS to COMPANY hereunder.
Title to Patent Rights. To the best knowledge of LICENSOR’s Office of Corporate Sponsored Research and Licensing, LICENSOR is the owner by assignment of the PATENT RIGHTS and has the authority to enter into this agreement and license the PATENT RIGHTS to LICENSEE hereunder.
Title to Patent Rights. To the best knowledge of Hospital’s Innovation office as of the Effective Date: (a) Hospital is the sole and exclusive owner by assignment of the Patent Rights from Xxxxxxxx Xxx Xxxxxxxxx, and Xxxxxx Xxxx, and by assignment from Xxxxxxx X. Xxxxxxx to HHMI and from HHMI to Hospital in accordance with and subject to the conditions of the HHMI License; (b) Hospital has the authority to enter into this Agreement and license the Patent Rights to Company hereunder; (c) Hospital has not received any notice challenging the validity, enforceability, effectiveness, or ownership of any of the Patent Rights; (d) the Patent Rights are not the subject of any litigation procedure, discovery process, interference, reissue, reexamination, opposition, appeal proceedings or any other legal dispute; and (e) Hospital has not received any notice about any individual who is not currently listed as an inventor of any of the Patent Rights that such individual should be listed as an inventor of any of the Patent Rights. For clarity, the Parties acknowledge that the U.S. patent application with serial number 62/516,977 will first publish in December 2018.
Title to Patent Rights. To the best knowledge of HOSPITAL’s Office of Corporate Sponsored Research and Licensing, HOSPITAL and BIDMC are the owners by assignment of the PATENT RIGHTS ([***] is co-owner of BWH Case [***]). HOSPITAL has the authority to enter into this AGREEMENT and license the PATENT RIGHTS to COMPANY hereunder.
