Yeah that's going to be real hard to prove unless there's a breach on the patent, which would be unlikely since it was LIT who took LPD to court.
Then, lets for a moment just assume that the license was exclusive, y'know since it was called exclusive only about 10 freaking times in ASX releases, which have been reposted here by numerous parties about ten freaking times.
Then lets look at the timeline:
EMH engages with LPD for another license over the same project
LIT takes LPD to court.
Sounds pretty much like it was LPD who is in breach of LITs license at least on the exclusivity front.
Ann: LIT: LIT response to counterclaim, page-165
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