Common use of Invalidity and Unenforceability Clause in Contracts

Invalidity and Unenforceability. No Purchased Patent has ever been found invalid, unpatentable or unenforceable for any reason in any administrative, arbitration, judicial or other proceeding. Neither Seller nor any of its Affiliates has received any information, notice, or claim challenging or questioning the validity or enforceability or alleging the misuse of any Purchased Patent. To the best of Seller’s knowledge and belief, no Purchased Patent is or will become invalid or unenforceable, and no acts of Seller, its Affiliates or anyone acting on their behalf has or will constitute fraud upon the United States Patent and Trademark Office or any other patent office or governmental entity. Seller has no information that could be considered prior art that would invalidate an of the Purchased Patents. Neither Seller nor any of its Affiliates has committed any illegal tying, illegal term extension, misuse, other illegal anti-competition activities, laches, estoppel, waiver, inequitable conduct in violation of 35 CFR 1.56 or other law, in each case, that, if litigated, may result in the unenforceability or invalidity of any Purchased Patents;

Appears in 3 contracts

Sources: Securities Purchase Agreement (Energy Telecom, Inc.), Patent Purchase Agreement (Solid Solar Energy, Inc.), Patent Purchase Agreement (Finishing Touches Home Goods Inc.)