Intellectual Properties homework Watch
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
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.
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