Re:Begging your pardon, SGE1
in response to
by
posted on
Oct 16, 2007 12:46PM
2. Begging your pardon, but, via the current litigation, the MMP has been "individuated". There are seven patents in the MMP, and it appears that in the current litigation, we're down to two. To resolve the current dispute, we need only settle on those two. This leaves the door open for additional settlements with the Js regarding the remaining patents (including, ultimately, the '584).
The current claim is for 2 of the patents within the portfolio, that is not the same as individuating the portfolio. It is the portfolio that is licensed, NOT individual patents within the portfolio. As the J3 are infringing 2 of the patents('584 excepted), the claim of infringment is for those two patents. Should another company be infringing 5 of the patents within the portfolio, the claim would be for the 5 that infringe. The MMP Portfolio license covers ALL patents within the portfolio, but infringement is restricted to the patents which are infringed, from one up to and including all 7. Alliacense does NOT license individual patents from within the portfolio. An example might help, is an individual license issued for each and every type of firearm, or does the license cover most firearms despite the fact that one might only ever posses a handgun?
3. As for the '584, do you really think that the intent of our team in fighting this through the USPTO is necessarily so we can later go after ARM? I seriously doubt it. I think it is so we can, when/if we prevail, go after all those ARM customers.
Ok, we go after all those ARM customers. Do you think ARM will just sit back, or do as they did here? If the '584 is the basis for all of ARM's products, what price a settlement over an injunction? This answers your first point as well.
4. As for your last question, I strongly suspect that IF we negotiated a settlement with the Js for the entire MMP, we could still go after their technology supplier (ARM) for their sales to all their OTHER customers.
This is about indemnity(your 6,7 and 8, too)and good faith purchase of the technology by the J's believing ARM to be the owner.(No, I will not go there lol)
Alliacense offer the MMP Portfolio in its entirety, to now withdraw the '584 from it doesn't appear logical, no matter what reasons might be propounded.
http://www.alliacense.com/Licensing_Overview.aspx
I hope this clears some of the confusion and, as always, I look forward to your subsequent comments.
Be well