Common use of Invalidity and Unenforceability Clause in Contracts

Invalidity and Unenforceability. Other than as set forth herein, no Purchased Patent that has issued 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 other than during the prosecution of each particular Purchased Patent before the U.S. Patent and Trademark Office or other corresponding foreign patent office. Other than as set forth below, to the best of Seller’s knowledge and belief, no Purchased Patent that has issued is invalid or unenforceable, and no acts of Seller, its affiliates or anyone acting on their behalf has committed fraud upon the United States Patent and Trademark Office or any other patent office with regard to any Purchased Patent. Other than as set forth below, to the best of Seller’s knowledge and belief, Seller has no information qualifying as prior art that would invalidate any of the Purchased Patents that have issued. To the best of Seller’s knowledge and belief, neither Seller nor any of its affiliates has committed any illegal tying, illegal term extension, patent 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, would result in the unenforceability or invalidity of any Purchased Patents. Notwithstanding any of the foregoing, Seller makes no representation or warranty related to invalidity and unenforceability with regard to U.S. Patent No. 8,019,836, U.S. Reexamination Application No. 95/002,000, any international or foreign counterparts thereto, and any prior art or other information, notice, or claim resulting therefrom;