Note that WD does not have a right of first refusal or any matching right
It has an option for a non-exclusive licence
It therefore comes down to:
- WD wanting it exclusively (i.e. buy 4ds), or
- another acquirer wanting it - knowing that WD would still be able to use the technology, but that they would not be beholden to WD
Apple (and other users of memory) would be concerned about 1.
Plenty of scope for a nice auction
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