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PatentGuy1

10/14/17 2:01 PM

#131567 RE: rige #131530

Li is LQMT, LQMT is Li.
Therefore Li/LQMT can use Li's/Eontec's IP in CE.



Li is not LQMT and LQMT is not Li. Similarly, Li is not Eontec and Eontec is not Li. LQMT and Eontec are corporations. These corporations have signed legally enforceable contracts. LQMT and Eontec have signed a cross licensing agreement. The cross licensing agreement states in black and white, clear and unambiguous language, that: (a) the license granted to LQMT is subject to field of use restrictions; (b) the license granted to Eontec is subject to field of use restrictions; and (c) the licenses granted are restricted from the field of consumer electronics.

Even though Li is CEO of both companies, he cannot simply take the intellectual property of one company and use it in the other company without going through the formalities of amending the cross licensing agreement. Doing so would be a breach of his fiduciary duties to both sets of shareholders.