Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

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Message: TO ORDER

Re: TO ORDER

in response to by
posted on Dec 11, 2009 01:14AM

After reading this earlier and giving some thought, I've come to the conclusion that these two companies are closely linked - though it isn't evident just how they are linked when examining their respective Web sites.

Why do I think this? Because, other than company names, the language is identical. They are referring to "GTCs", which I suggest means "General Terms & Conditions" (as opposed to T&Cs specific to a particular procure/sale, e.g., price, delivery schedule, specifics as to the item procured/sold, method of payment, etc.). In my experience, in the USA we refer to their GTCs as ST&Cs - "Standard Terms & Conditions" - which are affixed to virtually every procurement or sales contract (though there are typically separate ST&Cs for purchases/subcontracts and sales contracts, respectively). The identical language strongly suggests that the two companies are under the same corporate umbrella, using the same legal/contracts/subcontracts staff. Unless there is some EU mandated format for GTCs, it would be highly unlikely that they would be like numbered, and in any case extremely unlikely that the language would be identical. Especially when recognizing that the identical language isn't in just this one element of their GTCs - all elements of their GTCs appear to be identical.

The word that does throw me is the word "asserted". This IMO implies that there remains a question as to whether infringement exists currently or may exist in the future. And it follows that this may be a proactive measure by whoever the "master" corporate entity is to mitigate risk in anticipation of pending legal action.

However, IMO, this does not negate the possibility that the "master" entity has already acquired a license but doesn't wish to admit to the world that they are/have been wrongfully utilizing our patented technology (and we've seen this several times in the past, where a licensee acquires a license with no admission of "guilt").

So the question remains, who is the "master corporate entity" and have they already acquired a license (and this is just flow-down of contractual requirements). Is it a licensee we're aware of already, or one yet to be announced?

I can see two ways to pursue this. Either try and follow the corporate hiearchy (which may not be a simple thing), or research past licensees to find one using this same, virtually identical GTC language. I think I'd start by looking at Bosch, then other EU corps.. Also, of course, look to Golden Gate Capital (referred to in Lantiq) and Sintef, Imst, Imego, and Acreo (listed partners of Sensonor).

Interesting find. Release the hounds!

BTW, I recognize that most of the above is just pointing out the obvious.

JMHOs,

SGE

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