Validity of Licensed Patents. The parties hereto ---------------------------- acknowledge that there may be an issue concerning the validity of some of the claims of the existing Licensed Patents. In order to resolve such issue, Licensee may, in the exercise of its sole discretion and at its sole expense, request a re-examination of the existing Licensed Patents by the PTO and the applicable foreign agencies. Each of the parties hereto shall exercise good faith and due diligence in their efforts to establish the validity of the existing Licensed Patents.
Validity of Licensed Patents. 8 3.2 Patent Prosecution and Maintenance......................... 8 3.3
Validity of Licensed Patents. In the event that a declaratory judgment action alleging invalidity of any of the Licensor Patents is brought against either Party, Licensee shall have the right, but not the obligation, to assume the sole defense of the action at its own expense. Licensee shall keep Licensor informed of the progress of any such declaratory judgment action that it defends and will consider comments furnished by Licensor in good faith. If Licensee elects not to assume such defense, Licensor may assume sole defense at its own expense.
Validity of Licensed Patents. To PTI’s knowledge, (i) all PTI Background Patent Rights are existing, and (ii) no issued patents which are part of the PTI Background Patent Rights are invalid or unenforceable.
Validity of Licensed Patents. After the Effective Date, and subject to its rights under Section 8.4, PTI will take reasonable steps (i) to prevent any of the Licensed Patents over which it controls prosecution from ceasing to exist or becoming invalid or unenforceable and (ii) in accordance with its rights under the Harvard License, to prevent Harvard from allowing any of the Licensed Patents over which Harvard controls prosecution from ceasing to exist or becoming invalid or unenforceable. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Execution Version
Validity of Licensed Patents. As an inducement to Jenrin to enter into this Agreement and to grant the exclusive license to Xxxxxx pursuant to Section 2.1 hereof, Xxxxxx hereby advises Jenrin that Xxxxxx does not intend to challenge the validity of the Licensed Patents.
Validity of Licensed Patents. The Licensor does not guarantee the validity or enforceability of the Licensed Patents, but does represent that it believes the Licensed Patents are valid and enforceable and that it has not engaged in any conduct, or omitted to perform any necessary act, the result of which could invalidate the Licensed Patents or adversely affect their enforceability, provided that a breach of this representation shall not be a basis for rescission of this License Agreement or for refund of any License Royalties paid Licensor by Licensee, and provided that Licensor shall pay Licensee for all other damages in law or equity arising from such breach. Further, the Licensor agrees to pay a11 maintenance fees required to keep the Licensed Patents in effect when such fees are due, on a timely basis, for as long as the Licensor shall own such patents, and in the event that the Licensor transfers all right and title in the Licensed Patents to another party, as a condition of such transfer, the successor in interest to the Licensed Patents shall be obligated to pay such maintenance fees when due, on a timely basis. Licensor shall designate an Attorney-of-Record for purposes of paying all maintenance fees and shall advise Licensee of that attorney’s name, address and phone number. Licensee or its representative may contact this attorney to learn if the maintenance fee for any Licensed Patent has been paid or will be paid on a timely basis, and if not, Licensee may pay the maintenance fee for that Licensed Patent and deduct the maintenance fee thus paid and any reasonable associated costs from the License Royalties.
Validity of Licensed Patents. Supplier represents and warrants to Purchaser that: (i) it is unaware of any prior art which would render any of the Licensed Patents applicable to the Commercial Material invalid; (ii) it has not received a third party claim of invalidity or unenforceability of any of the Licensed Patents or the Commercial Material as of the Effective Date; (iii) it is unaware of any third party allegations of misappropriation of third party trade secrets by Supplier; and (iv) that it is unaware of any third party claim of ownership of or invalidity of any of the Licensed Patents or the Commercial Material as of the Effective Date. To the best of Supplier’s knowledge, the license granted hereunder will not violate any right of any third party.
Validity of Licensed Patents. (a) Selectica agrees not to challenge the validity or enforceability of any of the Versata Patents or to affirmatively or intentionally assist any other party in any challenge to the validity or enforceability of such Versata Patents (except that Selectica shall not be prohibited from taking any actions reasonably required in order to respond to legal process or discovery or to comply with any court order or other applicable laws or regulations).
(b) Versata agrees not to challenge the validity or enforceability of any of the Selectica Patents or to affirmatively or intentionally assist any other party in any challenge to the validity or enforceability of any Selectica Patents (except that Versata shall not be prohibited from taking any actions reasonably required in order to respond to legal process or discovery or to comply with any court order or other applicable laws or regulations).
Validity of Licensed Patents. Licensee will not, throughout the remaining term or terms of the Licensed Patents, challenge the validity of any of the claims of any of the Licensed Patents or assist any third party in doing the same.
