lucille12
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Hi guys,
i have a little problem about my Ip class , and i would not refuse some help.Question is , for you who is right and why ?


here the subject :

Company A and Company B entered into a license agreement, having the
following provision.
Company A hereby covenants not to sue Company B for infringement
based upon any act by Company B of manufacture, use, sale, offer for
sale, or import of the Licensed Product that occurs after the effective
date of this Agreement.
The covenants will apply only to patents that claim such Licensed
Product. The covenants will not apply to patents that claim an
apparatus or method for making or using the Licensed Product.
It turned out that Company A owned Patent X that claims such Licensed
Product and Patent Y that claims a method for making such Licensed Product.
Company A’s position is that the covenants under the agreement applies only to
Patent X that claims such Licensed Product. Company B’s position is that the
covenants applies to Patent Y as well. According to Company A’s position,
Company B cannot use the method as claimed in Patent Y without acquiring a
further permission from Company A, while according to Company B’s position,
Company B can use the method as claimed in Patent Y without having to obtain
a further permission.

Thanks
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TSR Learn Together
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Hi there,

While you're waiting for an answer, did you know we have 300,000 study resources that could answer your question in TSR's Learn together section?

We have everything from Teacher Marked Essays to Mindmaps and Quizzes to help you with your work. Take a look around.

If you're stuck on how to get started, try creating some resources. It's free to do and can help breakdown tough topics into manageable chunks. Get creating now.

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