Mosaic ImmunoEngineering Inc (CPMV)

[wolfpackvoltare]

ronran--Re: Apple Buys MMP license...opty and all...

posted on Sep 22, 11 10:29AM

Might there be a chance that the transaction ends up being nullified and require renegotiation? I don't know. But if there is, we certainly wouldn't want to have to issue a pr retracting such purchase announcement, would we?

I'm not going to comment on whether there has been a settlement with Apple as a matter of fact, but will hypothetically assume that such has occurred in order to say the following. Opty, I'm not completely sure whether, in your quoted passage above, you are referring to a nullification of the transaction between Apple and TPL in negotiating a license, or the transaction between TPL and PTSC in splitting the license fee, so I'll address both.

As to any transaction between Apple and TPL, i.e., an MMP license, there is virtually zero chance of it being renegotiated --- actually, I would say "absolutely zero" except for the caveat that few things are impossible, and that there could always be some unusual provision of patent law or California state law of which I'm unware. Generally speaking, however, , the fact remains that, under the Master Agreement, TPL has the full and unilateral power to negotiate MMP licenses, and it was PTSC that gave TPL that power. As a result, Apple is the "innocent third party" in any transaction concerning licensing terms and fees, and cannot be penalized by nullifying the contract. In other words, if PTSC "dealt with the devil" and gave him too much power, then that is PTSC's burden that cannot be cast upon Apple --- in such a case, Apple dealt with PTSC's fully empowered agent, and that's that. We could get into a lot of unusual and unlikely exceptions such as fraud and so forth, but there would be no real point in doing so.

On the other hand, if you are talking about renegotiating the resulting licensing fee as between TPL and PTSC, then, first of all, that's part of what PTSC's suit against TPL is all about. And, in the event that PTSC is successful in doing so, then I certainly would love to see a PR about it.

In summary, a PR about any settlement with Apple might be damaging to some extent if there was a confidentiality agreement in place that prevents publishing even the fact of the agreemetn and/or the naming of Apple --- in that case, some kind of monetary damages might be collectible. However, such a PR would not have any effect on "renegotiation", simply because renogiation of any MMP license wth Apple isn't likely available as a legal remedy. Howevr, a PR about renegotiation between PTSC and TPL would likely be seen as a favorable event in regard to PTSC.

Hope this helps. Best wishes to all.