"For me there must be a provision in the JDA that says that WDC or its subsidiary HGST cannot patent the intellectual property jointly developped under the JDA."
Here, you are assuming HGST's role is one of material development. I've long maintained that HGST's role is strictly interfacing and architecture. They probably have no insight in the physical properties of the material science itself.
"Accordingly, a loss of access to HGST's resources could result in significant delays to or suspension of 4DS's development strategy and could have a material adverse effect on 4DS's activities and on the Company generally."
This concern has greatly diminished as time has gone. We are no longer at this stage of the development. Perspectives definitely change with time.
"For exemple, it could explain why the 4DS board had never bothered to build a controlling block of shares ( 25%) to make sure that no hostile takeover could succeed.
They know that if somebody wants to buy a large bloc 4DS shares on market, WDC will immediatly step in to help them counter this attack."
Absolute rubbish.. How?? What are they going to do? What if I wanted to buy 50 million shares on the market today.. Who and how are they going to stop me? Would I be considered a savage? After all, it is an "attack".
4DS and HGST would sit there and watch... That's all they can do.
"But for me it is clear that WDC is the fat lady."
WDC is the dad of HGST, the son who came over to help you build a shed.. Now they're both waiting around for the free smoked brisket and beer.
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