Re: New Question? Anyone think that DM...Jeffother...cor...
posted on
Jan 09, 2009 03:33AM
Jefother--
This was something that was also addressed on the PTSC board... and earlier here (last fall).
I think you are referring to "patent exhaustion" If an upstream entity has licensed the IP, then a customer can not be sued.
This however, IMO, would assume that the upstream entity had a legal right (through PREVIOUS licensing, not 'after the fact') to the IP in question.
A company that purloined EDIG's IP can not simply say "We settle for a fixed sum, so everyone we sold your technology to can not be listed in the future."
No, these companies had a duty to ensure that the upstrem company had the rights to the tech.
I'm pretty sure nearly all states have laws against receiving stolen property... most require the "consumer" or the person who purchases property to verify that said property is not stolen, even if the consumer has paid the seller for the property.
So no, just because someone sold EDIG's technology doesn't mean EDIG can't go after the 'downstrem customer'.
IMO