|
Your website has this info:
When the current defendants are found to be not-infringing, the companies that signed will have to continue to pay licenses. They would have to stop paying Acacia, get sued by Acacia for breach of contract, and then go to court to show the judge the non-infringement ruling from the defendants case to get out.
I do not believe that this is accurate. The Acacia licensing contract says this:
In the event that all of the licensed patents are held to be invalid by a non-appealable final order... (blah blah blah)...this agreement shall automatically terminate.
I do not believe that defendants would be able to show the non-infringement ruling and get out, that ruling would likely be appealed and could drag on for years more before it is a non- appealable final order. Realistically, if you sign with Acacia you can expect Acacia will demand payment until the patent expires regardless of the decisions that come from the Markman hearing.
__________________
|