GOVERNMENTAL BODY IN THE UNITED
STATES OR APPLICABLE FOREIGN JURISDICTIONS, AS THE CASE MAY BE, FOR THE PURPOSE
OF MAINTAINING SUCH COMPANY IP.
(II)
TO THE KNOWLEDGE OF THE COMPANY, NO
INTERFERENCE, OPPOSITION, REISSUE, REEXAMINATION OR OTHER PROCEEDING OR
CHALLENGE IS PENDING OR THREATENED IN WHICH THE SCOPE, VALIDITY, OR
ENFORCEABILITY OF ANY COMPANY IP IS BEING OR HAS BEEN CONTESTED OR CHALLENGED IN
ANY COURT OF COMPETENT JURISDICTION, THE U.S. PATENT AND TRADEMARK OFFICE OR ANY
OTHER GOVERNMENTAL BODY.
TO THE KNOWLEDGE OF THE COMPANY, THERE IS NO
REASONABLE BASIS FOR A CLAIM THAT ANY CLAIM OF AN ISSUED PATENT WITHIN COMPANY
IP IS INVALID OR UNENFORCEABLE, OR A CLAIM OF A PENDING PATENT APPLICATION
WITHIN COMPANY IP WOULD BE INVALID OR UNENFORCEABLE AS A PATENT CLAIM.
(III)
THE PATENT AND PATENT APPLICATIONS WITHIN
COMPANY IP DISCLOSE AND CLAIM PATENTABLE SUBJECT MATTER UNDER THE U.S. PATENT
LAWS ENCOMPASSING THE COMPANY'S AND THE SUBSIDIARIES' EXISTING PRODUCTS AND
PRODUCTS UNDER DEVELOPMENT.
THE COMPANY AND THE SUBSIDIARIES ARE (WITH RESPECT
TO COMPANY IP LICENSED BY THE COMPANY OR A SUBSIDIARY, TO THE EXTENT THE COMPANY
OR A SUBSIDIARY IS OBLIGATED OR HAS THE RIGHT TO DO SO (AND IS EXERCISING SUCH
PROSECUTION RIGHTS) PURSUANT TO ANY AGREEMENT RELATING TO
29
COMPANY IP) DILIGENTLY PROSECUTING CLAIMS IN THE PENDING PATENT APPLICATIONS
WITHIN COMPANY IP CLAIMING EXISTING PRODUCTS AND PRODUCTS CURRENTLY UNDER
DEVELOPMENT.
TO THE KNOWLEDGE OF THE COMPANY, EACH OTHER PARTY TO ANY SUCH
AGREEMENT RELATING TO COMPANY IP THAT IS OBLIGATED TO PROSECUTE CLAIMS IS
DILIGENTLY PROSECUTING SUCH CLAIMS.
TO THE KNOWLEDGE OF THE COMPANY, EACH OF
THESE PENDING PATENT APPLICATIONS WAS PROPERLY FILED AND IS BEING DILIGENTLY
PROSECUTED.
TO THE KNOWLEDGE OF THE COMPANY, AND EXCEPT FOR THE IDENTIFIED IP,
THERE ARE NO ISSUED PATENTS OR PENDING APPLICATIONS THAT COULD ISSUE AS PATENTS
THAT WOULD DOMINATE OR INTERFERE WITH ANY PENDING APPLICATION CLAIMING ANY OF
THE COMPANY'S OR THE SUBSIDIARIES' EXISTING PRODUCTS.
(I)
TO THE KNOWLEDGE OF THE COMPANY, NO
PERSON HAS INFRINGED, MISAPPROPRIATED OR OTHERWISE VIOLATED, AND NO PERSON IS
CURRENTLY INFRINGING, MISAPPROPRIATING, OR OTHERWISE VIOLATING, ANY COMPANY IP.
SCHEDULE 3.12(I) ACCURATELY IDENTIFIES EACH LETTER OR OTHER WRITTEN, ELECTRONIC
OR OTHER COMMUNICATION OR CORRESPONDENCE THAT HAS BEEN SENT OR OTHERWISE
DELIVERED IN THE LAST 24 MONTHS BY OR TO THE COMPANY OR A SUBSIDIARY OR ANY
REPRESENTATIVE OF THE COMPANY REGARDING ANY ACTUAL, ALLEGED, OR SUSPECTED
INFRINGEMENT OR MISAPPROPRIATION OF ANY COMPANY IP, AND PROVIDES A BRIEF
DESCRIPTION OF THE CURRENT STATUS OF THE MATTER REFERRED TO IN SUCH LETTER,
COMMUNICATION, OR CORRESPONDENCE.
(J)
TO THE KNOWLEDGE OF THE COMPANY, NEITHER
THE COMPANY NOR ANY SUBSIDIARY HAS INFRINGED (WHETHER DIRECT, CONTRIBUTORY OR
INDUCED), MISAPPROPRIATED OR OTHERWISE VIOLATED ANY INTELLECTUAL PROPERTY RIGHT
OF ANY OTHER PERSON.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:
(I)
EXCEPT AS SET FORTH ON SCHEDULE
3.12(J)(I) AND EXCEPT WITH RESPECT TO THE IDENTIFIED IP, TO THE KNOWLEDGE OF THE
COMPANY, NO PRODUCT OR SERVICE THAT (A) HAS BEEN, OR IS BEING, DEVELOPED, (B) IS
THE