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pterjan's diary


2007-05-26

  Novell/Microsoft agreement (partially) available

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.


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