To be honest Im still not convinced but there is one other...

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NoImSpartacus

255 Posts.

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28/04/24

17:51

Post #: 73545573
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Originally posted by mooselington: ↑

HGST have had a live JDA for many years while the imec work has been going on.
i think it's entirely possible 4DS pull the pin if there hasn't been any significant "collaboration" recently.

These agreements typically have three components in terms of IP sharing:
(a) the IP that 4DS brings
(b) the IP that HGST brings
(c) the IP that you create together through collaboration

Aach party will always get access to their own IP, plus both parties get access to (c).

The licence option is a conditional right for HGST to access (a) after the JDA. I agree that the lawyers would get busy, but the JDA has to be live for the option to be in play and if it wasn't in play there would have to be ongoing collaboration for HGST to argue it was still in effect even if it wasn't formally renewed.

My basic interpretation is the licence option exists as a term of the JDA. So if the JDA is not renewed, the licence option not exist.

Just remember HGST have had almost 10 years to execute this option, but they haven't. So it would be difficult to argue that it was unreasonable for 4DS to decide take it away now. Especially when there has been a sufficient divergence away from the SCM application (which is probably the aim of the JDA) towards the AI applications.

If it was me approaching the renewal I would be wanting to review it this way:
1. What do we get if we renew?
2. What don't we get if we don't?
3. What does it look like to other potential buyers of 4DS if we do?
4. What does it look like to other potential buyers of 4DS if we don't?

Weigh all of those up and make a call.

it could be that 4DS gets very little and sends the wrong signal to would be suitors by leaving this licence option open.

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To be honest Im still not convinced but there is one other question that concerns me in respect to which I'd appreciate your input. Lets assume that WD/HGST does retain a right to license the IP even after the Dev Agreement has expired. In that case wouldn't that seriously compromise 4DS' profitability? If that were so, for a nominal fee (I believe the agreement indicates that it wouldn't be a big fee) WD could swamp 4DS with its production capacity and very easily corner the market in that product before 4DS even gets its act into gear. Any substance to that concern in your opinion?

4DS Price at posting: 8.8¢ Sentiment: None Disclosure: Not Held
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0 Great analysis

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