Re: Robert's response. Read all through "Business Litigation."/FRANK.....
posted on
Feb 19, 2009 07:43AM
Revised and edited version:...FRANK...
Stick with your intuition. Forgit about what "D'LAW" is...
Banning production of like or similar components in the whole world by EDIG,( not to mention the indeterminate time for the ban), is what makes it too broad and over-reaching, and thus UNENFORCEABLE...
The Courts have to figure out what the parties inteded when they signed the piece of paper. They will start with looking at the plain meaning of the words...
And right there, as you aptly observe, there is no "PLAIN MEANING OF THE WORDS" to be found in the words "LIKE AND /OR SIMILAR COMPONENTS"...
Who is to say what is "Similar"? What is meant by "Like". You can see that allowing such broad and all encompassing words to prevail will absolutely kill commerce and ingenuity. Is water "like" or "similar" to air? Why they both have oxygen, hydrogen, nitrogen in them, DON'T THEY? Is Two Buck Chuck similar to Jordan?...Lol...Lol...
Gil...