Where LG slipped up

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optymystic

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Where LG slipped up

posted on Jun 09, 2008 09:00PM

From the first paragraph of the SC ruling. Much emphasis on what is being communicated in bold.

<LGE licensed the patents to Intel Corporation (Intel), in an agreement (License Agreement) that authorizes Intel to manufacture and sell microprocessorsand chipsets using the LGE Patents (Intel Products) and that does not purport to alter patent exhaustion rules. A separate agreement(Master Agreement) required Intel to give its customers written notice that the license does not extend to a product made by combiningan Intel Product with a non-Intel product, and provided that a breach of the agreement would not affect the License Agreement. >

IIMHO there was no restrictions placed in the license to Intel. The restriction was in a separate document, not a part of the license. Hence, patent exhaustion, but leaves breach of the agreement open to possible litigation.