Common use of Third Party Patent Infringement Clause in Contracts

Third Party Patent Infringement. Memory represents and warrants that as of the Effective Date, to its actual knowledge of its senior executives, after consultation with patent counsel, there is no issued patent right owned or controlled by any Third Party which Covers the lead Memory Compounds of the Memory Program identified by Memory to Roche or Compound 3454 and would prevent Roche from selling such Memory Compound or Compound 3454 in any country of the Territory. As of the date hereof, the Memory Patent Rights in existence as of the Effective Date are owned exclusively by Memory; and Memory’s senior executives, after consultation with patent counsel, have no actual knowledge of any information that would, in their opinion, render invalid and/or unenforceable Composition of Matter Claims for the lead compounds of the Program in such Memory Patent Rights.

Third Party Patent Infringement. Memory represents and warrants that as of the Effective Date, to its actual knowledge of its senior executives, after consultation with patent counsel, there is no issued patent right owned or controlled by any Third Party which Covers the lead Memory Compounds of the Memory Program compound identified by Memory to Roche or Compound 3454 (MEM1414) and would prevent Roche from selling such Memory Compound or Compound 3454 in any country of the Territory. As of the date hereof, the Memory Patent Rights in existence as of the Effective Date Base Patents are owned exclusively by Memory and [*] CONFIDENTIAL TREATMENT IS REQUESTED Memory; and Memory’s 's senior executives, after consultation with patent counsel, have no actual knowledge of any information that would, in their opinion, render invalid and/or unenforceable Composition of Matter Claims for the lead compounds of the Program MEM1414 in such Memory Patent RightsBase Patents.