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I would think that homegrown will be able to argue that they were not aware, and that the license was bought by a third party without their knowledge, and that thier business plan would never have included such a purchase (which explains the lawsuit). Further, neither Acacia nor Homegrown appear to have been aware of the license AS IT APPLIED TO HOMEGROWN. I think that this might have been one of those "cover all our sites" moves that included homegrown only when it was part of the CE programs.
Depending on the structure of the CE/Homegrown deal, CE may not have been in position to take a licensing action without Homegrown's permission.
I am sure this thread will develop nicely now.
Alex
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