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Re: EDMGUY post# 49546

Saturday, 03/17/2018 7:11:55 AM

Saturday, March 17, 2018 7:11:55 AM

Post# of 97075

JNJ can't indemnify anyone without knowing the outcome of the patent infringement issue. The buyer would need to know if they have freedom to continue unhindered in the marketplace. The monetary issue of a settlement, if any, is probably not much of an issue. Maybe they could throw in an "investment" in some goofy crypto coins to really sweeten the deal!



Hope. Dead Wrong I am afraid.
The alleged infringement is purely historical. These patents are long since expired. The litigation has no bearing on JnJ or anyone else's freedom to sell the products in question in the market today or in the future. Therefore the litigation could be included or excluded from the sale by agreement of buyer or seller. The potential risk (for that is all it is - potential!) of any liability can be assigned an agreed actuarial value and to be either included in or deducted from the sale price, depending on whether liability for the historical infringement transfers to the buyer or continues to be underwritten by JnJ.
Its really an insurance question, effectively.
Beyond that, the litigation has little or no bearing upon the sale of the Lifescan franchise