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PatentGuy1

08/02/19 11:11 PM

#176665 RE: joshuaeyu #176661

It will be more important that Eontec can infringe this very CIP patent.



Assuming for the sake of argument that the patent in question is licensed to Eontec under the PLA and the non-CE Eontec product infringes this patent (as you have posited), then the non-CE Eontec product is, by definition, an "Eontec Licensed Product." (See PLA, section 1.9.) In that case, Eontec cannot import it into the U.S. without violating the territorial exclusivity provisions of the PLA. (See PLA, Article 2, "Eontec shall take such action and measures as shall be necessary to ensure that Eontec Licensed Products are not sold or resold in or into the LMT Exclusive Territory by Eontec.)

Assuming for the sake of argument that the patent in question is NOT licensed to Eontec under the PLA and the non-CE Eontec product infringes this patent (as you have posited), then the non-CE Eontec product is, by definition, NOT an "Eontec Licensed Product." In that case, Eontec cannot import it into the U.S. without infringing the patent.

In either case, Eontec CANNOT import a product into the United States if the product infringes a patent because either (a) such importation violates the terms of the PLA or (b) infringes a patent that is not licensed to Eontec. This does NOT contradict what I posted.

Eontec will be able to sell any magnesium or aluminum products in USA or Europe without paying royalty to LQMT so long as the technology used make them does not violate an LQMT/CIP patent



As you can see, I'm having a hard time understanding your point.

Nothing in my post was specific to Consumer Electronics. So, I don't understand why you are referencing a non-CE CIP patent.

Also, I interpreted magnesium or aluminum in your post (# 176324) ("Eontec is not allowed to sell any products into LQMT territory independent of technology e.g. Eontec will not be able to sell any magnesium or aluminum products in USA or Europe without paying royalty to LQMT") as being non-BMG products. What did you mean by "magnesium or aluminum"? BMG or not?