There seem to be lots of interpretations of this document - I remember a condition on the JDA was that WD retained the option to a license the IP developed under the umbrella of the JDA, even if the agreement was terminated.
However, if 4DS terminate the agreement and continue developing the IP - then WD can't use any of the "new IP" post the 30 days notice period. that is my understanding, it's probably not 100% right.
So 4DS could terminate it now, limiting WD to an option on a 60nm license.
4DS could carry on developing the tech, including exploring/developing the variable resistivity aspect of the technology.
Realistically, unless 4DS has a number of other big hitters bashing on the door at the moment, they should just keep the agreement in place.
Pulling the JDA out from under WD as a means of creating urgency for WD to pull the trigger on a license or acquisition would probably have the opposite effect. In my experience, people don't like being manipulated. Then what happens? 4DS has to announce they have binned the JDA, without having some red meat to throw to the market. That probably would be untidy.
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