Little brainstorm

[Lucillea]

Hello,
i would like to introduce you a small example to understand my law studies a bit better.
i have 2 questions , first for you , who is right and why ? and second how can the other party build a defense.
if:
Company A and Company B entered into a license agreement, having the
following provision.
Company A hereby covenants not to sue Company B for infringement
based upon any act by Company B of manufacture, use, sale, offer for
sale, or import of the Licensed Product that occurs after the effective
date of this Agreement.
The covenants will apply only to patents that claim such Licensed
Product. The covenants will not apply to patents that claim an
apparatus or method for making or using the Licensed Product.
It turned out that Company A owned Patent X that claims such Licensed
Product and Patent Y that claims a method for making such Licensed Product.
Company A’s position is that the covenants under the agreement applies only to
Patent X that claims such Licensed Product. Company B’s position is that the
covenants applies to Patent Y as well. According to Company A’s position,
Company B cannot use the method as claimed in Patent Y without acquiring a
further permission from Company A, while according to Company B’s position,
Company B can use the method as claimed in Patent Y without having to obtain
a further permission

thank you

 

[quincy]

Hello,
i would like to introduce you a small example to understand my law studies a bit better.
i have 2 questions , first for you , who is right and why ? and second how can the other party build a defense.
if:
Company A and Company B entered into a license agreement, having the
following provision.
Company A hereby covenants not to sue Company B for infringement
based upon any act by Company B of manufacture, use, sale, offer for
sale, or import of the Licensed Product that occurs after the effective
date of this Agreement.
The covenants will apply only to patents that claim such Licensed
Product. The covenants will not apply to patents that claim an
apparatus or method for making or using the Licensed Product.
It turned out that Company A owned Patent X that claims such Licensed
Product and Patent Y that claims a method for making such Licensed Product.
Company A’s position is that the covenants under the agreement applies only to
Patent X that claims such Licensed Product. Company B’s position is that the
covenants applies to Patent Y as well. According to Company A’s position,
Company B cannot use the method as claimed in Patent Y without acquiring a
further permission from Company A, while according to Company B’s position,
Company B can use the method as claimed in Patent Y without having to obtain
a further permission

thank you

I am sorry, Lucillea. One, we don't help with homework on this site and, two, this site is for U.S. law questions and concerns only. You have not provided the name of your state or the name of your country.

Good luck with your "little brainstorm," although I don't really know what that means.

 

[Zigner]

Good luck with your "little brainstorm," although I don't really know what that means.

I believe it's similar to raining cats and dogs...except with brains.

 

[justalayman]

I believe it's similar to raining cats and dogs...except with brains.

then, in regards to some people, it would be more of a drizzle than an actual storm? Maybe even only a light mist maybe?

 

[quincy]

I was thinking "haze" might be involved (definition #2, Webster's New World Dictionary).