Lot of variables to consider in this post regarding acquiring Posco Energy fuel cell business.
"If" they would also acquire an exclusive license to MCFC technology, it would only be exclusive to what Posco had prior to the FCEL technology advancements which was likely the basis for the arbitration.
The non-exclusive license Exxon acquired surely contained different patents than what Posco has under license....and if an exclusive license was granted covering what Exxon licensed....it would basically render Exxon's non-exclusive license worthless.
A lot of implications!
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"In fact, a licensor can grant many different non-exclusive licenses to different parties and then grant an exclusive license to another party. Once an exclusive license is obtained, no more non-exclusive licenses will be granted for the same patent. Non-exclusive patent license agreements are basically not worth much one a patent has been granted an exclusive patent license agreement."
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