Validity; Patentability Clause Samples
Validity; Patentability. Except as set forth in Section 4.11(c) of the Disclosure Schedule, there is no pending or, to the Knowledge of Assignor, threatened Litigation Matter (and Assignor has received no notice) (i) contesting the patentability, validity, enforceability, ownership or right to use, assign, license or dispose of any intellectual property right included in the Subject IP, or (ii) asserting that any Subject IP or Subject Patent Right (or the Exploitation of any Subject IP or Subject Patent Right or other Acquired Asset) conflicts or will conflict with the intellectual property rights of any other person. Assignor has received no legal opinion (written or oral) from an attorney or patent agent regarding the Subject IP that has not been disclosed to Assignee.
Validity; Patentability. To GENAERA’s knowledge, there is no pending or threatened Litigation Matter (and GENAERA has received no written notice in the past two (2) years) (i) contesting the patentability, validity, enforceability or ownership of, or right to use or license, any intellectual property rights included in the Subject IP, or (ii) asserting that any Subject IP (or the development, manufacture, use, importation, offer for sale or sale of any Product) conflict or will conflict with the intellectual property rights of any other person, except in the case of each of the foregoing, where any such event or circumstance would not have a material negative effect on the value of the Subject IP to MACROCHEM.