Replies to post #138911 on Liquidmetal Technologies Inc (LQMT)

[PatentGuy1]

LiquidMetal Brand license to Glassimetal formulation for CE

First, in the discussion below, when I refer to LMT Technology, Intellectual Property, and/or Intellectual Property Rights I am referring to the subject matter covered by the MTA - i.e., material that was in existence or created before the expiration of the Capture period.

Second, I assume that you meant that LQMT licenses the LiquidMetal trademark to Glassimetal for use in CE.

This is not "illegal" per se, but it is a breach of contract - i.e., the MTA between Apple and LQMT.

As previously discussed, the MTA granted Apple exclusive and perpetual rights to LMT Technology in the field of consumer electronics for LMT Technology. (See, MTA, Annex 6, section 2.1.) LMT Technology is defined in MTA, section 1(a)(i) to include"Intellectual Property" (e.g., patents, formulations, ect. see MTA, section 1(a)(ii)) AND "Intellectual Property Rights" (e.g., trademarks, see MTA, section 1(a)(iii)). It is important to remember that the grant was for two separate things - intellectual property (e.g., LM105) and intellectual property rights (e.g., trademarks). Because the grant to Apple was "exclusive," that means that no one else (including LQMT) can use LQMT's intellectual property (e.g., LM105) or LQMT's intellectual property rights (e.g., trademarks) in the field of consumer electronics. Because the grant to Apple was perpetual, that means the grant does not expire upon expiration of the ROFR. Just as Apple's rights to use LM105 does not expire with the ROFR, Apple's rights to use LQMT's trademarks does not expire with the ROFR. (However, Apple can only use the trademarks in accordance with the "trademark usage" per MTA, Annex 6, section 2.5.)

Upon entering the MTA, LQMT could use its trademarks in any way it wanted except in the field of CE. Because LQMT no longer had any rights to its trademarks in the field of CE, LQMT cannot license its trademarks to Glassimetal in the field of CE. LQMT can license its trademarks to Glassimetal outside of the field of CE.

However, any of LQMT's "intellectual property" or "intellectual property rights" that is not covered by the MTA (e.g., created after the Capture period) may be used, licensed, sold, etc. in any manner and in any field that LQMT desires.

LiquidMetal Brand license to Eontec formulation for CE

I assume that you meant that LQMT licenses the LiquidMetal trademark to Eontec for use in CE.

Again, it is not "illegal" per se, but it is a breach of contract for the same reasons given above.

LiquidMetal Brand license to LQMT for future “mercury” based displays technology for CE

It isn't clear to me what you mean, and I don't want to get off track by guessing.