As far as Cal Tech’s patent on Vitreloy goes, a U.S. patent is generally granted for 20 years from the date the patent application is filed. If I’m not mistaken, it’s been more than 20 years since that patent was filed, so it is now in the public domain.
Josh, there is no sense wasting your time trying to converse with that poster as it has been explained to him a thousand times and he still repeats his same arguments over and over. He has an agenda.
1) "Vitreloy 106 does have a patent which is owned by CalTech of which LQMT does have a license" (post #176831 by josuaeyu)
2) "106(abcd) is a variant under the basic formula" of 106 (post #170146 by josuaeyu)
3) 106c is not patented (post #176831 by josuaeyu)
So, there is nothing to prevent Apple from using 106c if they knew the formula. Apple could reverse engineer the formula by analyzing components made from 106c.
Components made by Eontec from 106c do not infringe an LQMT patent. Therefore, such components are not "Eontec Licensed Products" as defined by the PLA because such products are by definition those that infringe an LQMT patent.
“Eontec Licensed Products” shall mean any product the manufacture, use, offer for sale, sale or importation of which by Eontec would, but for this Agreement, infringe a valid claim of an LMT Licensed Patent in a jurisdiction where such valid claim exists or that incorporates or uses any element of the LMT Licensed Technical Information in its design or manufacture.
There is no territorial exclusivity for components made from 106c because such territorial exclusivity only applies to "licensed products."
"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 or any other party in the chain of distribution (whether as a part of a finished product assembled or produced by a third party or otherwise) without first obtaining the prior written consent of LMT."