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thoand

06/24/19 1:39 AM

#174675 RE: jaybiscuit #174674

Are you sure you really want to open up this can of worms again? I think only Li really knows for sure. Lol
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Treshold

06/24/19 3:29 AM

#174676 RE: jaybiscuit #174674

Very interesting Questions Jay,but I don't have the answers(unfortunately ).
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The Paraclete

06/24/19 6:30 AM

#174679 RE: jaybiscuit #174674

While I would like to believe those who think that the restrictions on CE apply only to the patents owned by CIP at the time the agreement was signed, and to new patents developed by Apple and/or LQMT during the extension periods (which have since expired), and that new patents (such as LM106c) are exempt from the CE restrictions, that is not how the Master Transaction Agreement between Apple and Liquidmetal Technologies reads.

10.
Covenant Not to Compete.

(a)
LMT shall not, and shall ensure that its direct and indirect subsidiaries shall not, directly, or indirectly through or in association with any person, business enterprise or otherwise, (i) develop, design, manufacture, sell, offer for sale or otherwise distribute or provide any (x) Consumer Electronic Products or (y) materials, components, manufacturing services or technology for use or integration therewith; (ii) own or acquire any interest in, manage, operate, control or participate in any business which is engaged in any of the activities described in preceding subsection (i); or (iii) act as a consultant or advisor, loan or otherwise provide funds or assistance of any sort, or sell or license intellectual property to any business enterprise which is or is attempting to engage in any of the activities listed in subsection (i) or (ii) hereof.

"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 Apple's sole discretion) 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 the Closing Date) that is suitable for use with any Consumer Electronic Product.

NOTE, LQMT is prohibited from developing (future tense) components that can be used in CE. That would include the joint development of LM106c by Eon and LQMT. And as for the size of the component part, there is nothing in the agreement that says tiny parts do not count.

To summarize (and I know I’m going to get flack about this): unless Apple gives the OK, LQMT is prohibited from entering the CE market. Period! Our only hope is that Lugee can get Apple to allow LQMT to get into the CE market.
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JoTu

06/24/19 8:18 AM

#174683 RE: jaybiscuit #174674

needing to document/consolidate answers to those questions for the sake of my own sanity/investment.
yes to the first question based on
-territorial rights set out in the pla.
-bb statements on yihao collaboration and consumer applications.
-end of cip and beginning of pla with eon/yihao/lqmt holding new alloy/machine patents that apple can’t touch.
-direct answer form eon.

territorial rights
https://www.lawinsider.com/contracts/1TmD56hFYcjaQd38UsAHRz/liquidmetal-technologies-inc/license-agreement/2016-03-14

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.


bb statements
http://ir.liquidmetal.com/news-releases/news-release-details/liquidmetal-technologies-reports-third-quarter-2018-results

Dr. Bromage continued that “several projects are underway in collaboration with Yihao Metals, taking advantage of Liquidmetal’s amorphous metals expertise and proximity to US customers to develop parts that can be produced in high volumes in Asia. Liquidmetal and Yihao are working together to improve the cost of commercial AMM machines, alloys and processing methods to open markets globally.”


http://ir.liquidmetal.com/news-releases/news-release-details/liquidmetal-technologies-reports-results-fiscal-year-2018

Dr. Bromage continued, “Our building power upgrade is near completion, allowing us to further expand our manufacturing footprint. On the research and development front, we continue to learn more about the unique capabilities of our materials and production methods, especially for consumer and medical applications.”


end of cip and beginning of pla beautifully articulated by a really smart poster.
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=143017439

Lugee Li owns both Eon Industrial (Lugee East) and Liquidmetal HK (Lugee West).

Eon industrial is still the biggest shareholder of Eontec despite controllership has been passed along to the State.

LiquidMetal HK is the biggest shareholder of LQMT and Leader Medical

All the JV (majority own) and subsidiaries (100% own) by Eontec is listed within Eontec 10K. Yes, JV are losing money (just like all startup) and it does affect bottom line of Eontec. This is no different than Googe and Alphabets.

Eontec and LQMT signed a cross license agreement (non-CE only to shut off Apple) for everything each entity owns before March 2016.

Eontec and LQMT are jointly development partner after March 2016. Both companies shared everything developed after March 2016. Note Apple CIP cookie jar was closed on Feb 2016.

Eontec machine robotic enhancement and 106c formulation are joint development after March 2016.

LQMT-CHINA is the only public disclosed entity that oversees three entities namely Eontec, LQMT and Yi Hao Metal

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=135988209&txt2find=leader|medical


https://investorshub.advfn.com/boards/read_msg.aspx?message_id=147969754

PLA is not effective until 11/2016

CIP cookie jar closed on 02/2016.

Apple ROFR expired on 02/2018.

Anything Eon “filed” before 02/2016 and “granted” within the window of “11/2016 till 02/2018” is isolated by CE exclusion clause within PLA.

Anything Eon and/or LQMT “filed” after 02/2016 is outside of CIP but can be “outbid” by Apple if it is sold.

Anything Eon and/or LQMT “filed” after 02/2018 is outside of Apple reach forever.


direct answer from eon
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=147018687

Reposting - Eontec Q&A:

Question: 2019?02?20? 14:06
Excuse me, Apple $20 million obtained LQMT company permanent irrevocable global patent exclusive license, at present still valid.Is there any legal barrier to the sale of your liquid metal products in the United States or around the world.

Eon Response: 2019?02?21? 15:11
How do you do? Thank you for your attention to the company.LQMT's patented use of consumer electronics products has authorized Apple, and the rest is free to use. LQMT's scientific department has also been communicating with Apple. In addition to the exclusive use of LQMT patents in Asia (excluding consumer electronics), Yian itself has many more suitable patent formulations, so global sales are accessible. Thanks!

http://irm.cninfo.com.cn/ircs/interaction/viewQuestionForSzse.do?questionId=6251836



my rambling opinions to the second question.
(although i believe answers to the first question negates the second question)
regardless.
-100 people will interpret the mta 100 different ways. it can be argued/debated endlessly.
-the mta supposedly allows apple to define any future products in any market category (auto/medical) as a ce once apple begins to sell products into those markets. it makes no sense and questions the enforceability/validity of sections in the mta if not its entirety.

meanwhile back in the real world.
-lugee has significant control over new machinery/alloy formulations/supply/production/maze of companies/patents and lqmt has rights/access to them all via the pla.
-state-sponsored investment in eon gives lugee more power/connections.
-new patents/alloys/supply/smartphone sales have shifted and apple is no longer in a strong negotiating position.
-i believe the current reality/situation trumps the decade old nonsensical infused mta.
https://www.liquidmetal.com/exec-supporters/

ZHUZHOU INVESTMENT IN EONTEC
Many of you have asked about the recent announcement made by Dongguan Eontec, Ltd (“EONTEC”) regarding new investments made in the company and changes in their overall ownership structure. According to the announcement, Zhuzhou State-owned Assets Investment Holding Group Co., Ltd. (“Zhuzhou”), a state-sponsored investment vehicle will make a significant investment in EONTEC, resulting in Zhuzhou being the largest shareholder in EONTEC. It is our understanding that the focus of the transaction is to foster the development of promising technologies for the local population and that no fundamental changes in business operations or management structure are expected.
We are not privy to details of this transaction, but we can note the following:
• The Parallel License Agreement with EONTEC remains in place, on its original terms, and we will continue to partner with EONTEC to develop synergies, lower cost solutions for alloy and production tooling, and identifying new applications for the technology.
• Professor Li remains committed to the development of amorphous metal technologies and will not be changing course on this as he continues to lead the operations of both Liquidmetal Technologies and EONTEC.
• Professor Li’s investment in Liquidmetal Technologies continues to be held separate from his investment in EONTEC, and the Zhuzhou transaction will have no impact on our ownership, Board of Directors composition, or operations.
While we do not foresee a need to provide formal updates on this matter, to the extent there are additional related events or circumstances impacting Liquidmetal Technologies we will clarify such developments in future postings.
Sincerely, Bryce Van





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PatentGuy1

06/24/19 12:44 PM

#174700 RE: jaybiscuit #174674

If the Zenfone 6 uses a non apple patented amorphous alloy and non apple patented process via yihao/eontec, can LQMT make a buck in Europe and NA [color=red]if [LQMT] were part of the design/engineering/sales[/color]?



As pointed out by The Paraclete (post 174679), the MTA includes a non-compete covenant that may prevent LQMT from participating in such design/engineering/sales of bmg components. For reasons given in post 174696, I believe that the non-compete may be expired.

The answer to your question may depend on the meaning of "non apple patented amorphous alloy and non apple patented process."

If the IP doesn't belong to LQMT and the non-compete covenant is expired, then (IMO) LQMT could participate in design/engineering/sales and collect revenue.

However, if the IP does belong to LQMT, then I suspect that LQMT did NOT participate in design/engineering/sales of bmg components because Li said in March 2019 that LQMT "will not pursue application of our bulk Liquidmetal alloys in the consumer electronics field" in the last 10-k. (See, https://liquidmetal.gcs-web.com/node/11486/html.) Any design/engineering work for Asus had to have been commenced prior to March 2019.

So, if LQMT did design/engineering work prior to March 2019, then the work did not involve "our bulk Liquidmetal alloys" or Li (and members of the BoD) lied to the SEC.