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Wednesday, July 24, 2019 2:24:46 PM
CE exclusivity clause still exist
UNTIL.......a stroke of pen from Executive Order
True, Li can change the PLA seeing as how he is the CEO of both LQMT and Eontec. However, as you have implicitly acknowledged, the current state of affairs is that the CE is restricted, i.e., Eontec is not free to use LQMT's licensed technology in the field of CE.
With regard to "Technology Development and Derivatives", it states the following: "(ii) technologies developed jointly by the Parties will be jointly owned by the Parties but shall be included as a Licensed Patent or Licensed Technical Information (as the case may be) hereunder."
First, it appears that jointly developed technology shall be licensed under the PLA as "Licensed Patent" - in other words under the same terms - i.e., with the exclusion of the CE as currently in place.
Second, it would be surprising if the newly developed joint technology didn't use existing technology to some extent. To the extent that such technology uses technology covered by CIP, such technology cannot be used in the field of CE without violating Apple's exclusivity to CE for CIP intellectual property.
A stroke of the pen by Li won't cure the issues of using newly developed technology in the field of CE without Apple's consent unless the new technology doesn't infringe one or more of the patents held by CIP.
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