Would our ability to recover on the down stream user not depend on how we worded the extent of the license with the up stream user?..is this ground that we have covered already?..is it true that it depends on how we licensed the technology to the up stream infringer?..i.e. indicate expressly that the license does not extend (in any way) to any other entites except for those named in the license - the licensee?..and would the court not recognize this contractual exception?

Did the court case not carve out / contemplate this excpetion with regard to down stream infringment..or am I all wet..