Following LWM news about the availability of the 3 parts of Novell/Microsoft agreement, I started reading the one called PATENT COOPERATION AGREEMENT. We get a warning telling that we won't get the interesting parts:
Confidential Treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as ***.
However, I didn't except confidential parts to be so precisely delimited:
7.2 ***. If a *** (or ***e.g., an *** or ***) *** that this Agreement or the *** (including *** or with respect thereto) of *** under this Agreement are not *** to which a *** and there is an *** by a *** with respect to such *** that the *** and there is no *** (e.g. through amendment of this Agreement), then such *** may*** of the *** this Agreement by *** to the ***.
Anyway, I fail to see the goal of this agreement when I read that filling a lawsuit for patent infrigement may just lead to terminate the agreement:
7.3.1 If one Party (Asserting Party) files a lawsuit for Patent infringement against the other Party for Party Activities within the Term (or against a Distributor of the other Party for Distributor Activities within the Term or against a Customer of the other Party for use of a Covered Product or Excluded Product during the Term), such other Party shall have the right immediately to terminate this Agreement by providing written notice to the Asserting Party.