Thursday, November 03, 2011 12:13:11 PM
Logically speaking, your argument doesn't work. The wording says "The agreement awards Kraig the exclusive worldwide commercial rights to certain spider silk technologies which the Company jointly developed with the University of Notre Dame." The key part is the "which the company jointly developed with ND". If ND didn't have anything to do with the ZF research, then even if the agreement said "all spider silk technologies which the Company jointly developed with ND", then ND would still have no rights to any commercialization of the ZF modified worms. And KBLB could still exclusively commercialize the ZF worms on their own in any product markets, even those that they are excluded from commercializing the piggyBac worms in.
If ND has nothing to do with the ZF research, then the agreement isn't even talking about the ZF worms, only the piggyBac worms. So "Kraig having exclusive worldwide commercial rights to certain spider silk technologies which the Company jointly developed with the University of Notre Dame" is only talking about the technologies that they developed together (piggyBac worms), and only the rights to commercialize certain (some) of those technologies are awarded to KBLB. This logically says that KBLB is given the rights to commercialize some of the technologies that they jointly created. KBLB is not given rights to commercialize (exclusively, at least) any of the jointly created technologies that are not included in the "certain technologies". KBLB is also free to exclusively commercialize any of the technologies that it did not develop jointly with ND (I'm assuming the ZF worms).
This is part-to-whole and exclusion logic. I like logic. :)
I just posted a message a minute ago asking if anyone knew for sure whether or not the ZF research was being done jointly with ND or not. This point makes a huge difference in the meaning of the announcement.
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