Liquidmetal Technologies Inc (LQMT)

[Pollux]

Partitioning Data - Isn't Eontec excluded from CE?

https://www.sec.gov/Archives/edgar/data/1141240/000143774916027548/ex10-2.htm


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"Article 2 PATENT LICENSE GRANT AND RELATED COVENANTS

2.1. Patent License Grant to Eontec. Upon the terms and conditions set forth herein (including the termination provisions in Article 7 hereof) and subject to the Field of Use Restrictions, LMT hereby grants to Eontec a non-revocable, paid-up, royalty-free, perpetual license (or sublicense, as the case may be) to the LMT Licensed Patents and LMT Licensed Technical Information to make, have made, use, offer to sell, sell, export and import Eontec Licensed Products within the Eontec Field in the Eontec Exclusive Territory and Non-Exclusive Territories. Such license shall be exclusive to Eontec (including to the exclusion of LMT and its Affiliates) in the Eontec Exclusive Territory and shall be non-exclusive in the Non-Exclusive Territories. Notwithstanding the foregoing, nothing in this Agreement shall prohibit Eontec from engaging in research or development activities in the LMT Exclusive Territory.

2.2. Patent License Grant to LMT. Upon the terms and conditions set forth herein (including the termination provisions in Article 7 hereof) and subject to the Field of Use Restrictions, Eontec hereby grants to LMT a non-revocable, paid-up, royalty-free, perpetual license (or sublicense, as the case may be) to the Eontec Licensed Patents and Eontec Licensed Technical Information to make, have made, use, offer to sell, sell, export and import LMT Licensed Products within the LMT Field in the LMT Exclusive Territory and Non-Exclusive Territories. Such license shall be exclusive to LMT (including to the exclusion of Eontec and its Affiliates) in the LMT Exclusive Territory and shall be non-exclusive in the Non-Exclusive Territories. Notwithstanding the foregoing, nothing in this Agreement shall prohibit LMT from engaging in research or development activities in the Eontec Exclusive Territory.
"The licenses granted under the License Agreement cover all fields of use and products other than consumer electronic products, watches and components thereof, certain luxury goods, and defense and munitions applications. The licenses are also limited by applicable any U.S. and China legal requirements or approval requirements."

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"Appendix C
Field Of Use Restrictions
The licenses granted under this Agreement shall be subject to the following exclusions, conditions, restrictions, and limitations:

1.The licenses granted to Eontec and LMT under this Agreement shall exclude the following products and fields of use:


a.Any Consumer Electronic Products (as defined below) or any components or sub-components suitable for use with any Consumer Electronic Products. For this purpose, “Consumer Electronic Products” means personal computers (portable and desktop); tablet or slate style computing devices; handheld electronic and/or communication devices (e.g., smartphones, digital music players, multi-function devices, etc.); any device whose function includes the creation, storage or consumption of digital media; any component or sub-component in any Consumer Electronic Product; and any accessory that is the same or similar (in the sole discretion of Apple, Inc.) to an accessory made or sold by or on behalf of Apple (regardless of when Apple sold or started to sell such accessory, including after date of the closing of the Proposed Transaction) that is suitable for use with any Consumer Electronic Product. "


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And lastly, notice this:

"APPENDIX A

List of LMT Licensed Patents and Trademarks"

Notice in the filing that LMT had given a list of inclusive patents in above, yet below those are "noninclusive" so does that mean that those patents of LMT filed in those territories can be used and sold in non-exclusive territories and never see a royalty based on the patents.

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"Appendix A1

Noninclusive List of LMT Licensed Patents and Trademarks in the Eontec Exclusive Territory"

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So, Questions:
1. Wouldn't it be argued that Eontec can't use LQMT in CE either?
2. Based on the License Agreement excluding CE, I would argue that Eontec can't use the materials in CE, either.
3. what is Appendix A1 actually saying with those patents and whose are they? What is "noninclusive" about them?
4. So who and why is ASUS using the term(liquidmetal) and material? This is so fishy I tell you - If we look at the trademarks under Appendix A, there is a trademark that IS included in the inclusive patents and trademarks.