Monday, October 19, 2020 4:53:41 PM
The PLA states:
Clearly, the EU patent does not qualify as having been "first created, conceived, or reduced to practice during ...the Joint Development Period", because it was filed years before the PLA went into effect.
With regard to the patent being omitted from the list in Appendix B, an argument can be made that the Parties deliberately omitted it (because, for example, it wasn't germane to bulk metallic glass technology) or that it falls into the "without limitation" clause. So, possibly or possibly not, a court would have to decide.
One thing is absolutely clear though, LQMT and everyone else in the whole world may use it in the U.S. The corresponding U.S. patent application was published as U.S. Patent Publication No. 20160235456, application no. 15/095148. This application was abandoned, i.e., it did not issue as a patent. Therefore, EVERYONE may use the subject matter of the patent in the U.S.
Rally around LQMT. The serious investors shall be blessed and will hear the word of Li being directly communicated, almost miraculously, to them. Amen.
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