"On 16 August 2018, Next Science Technologies Pty Ltd entered into a written agreement with Zimmer, Inc., a wholly owned subsidiary of Zimmer Biomet incorporated in Delaware, pursuant to which Next Science Technologies Pty Ltd supplies a surgical lavage product based on Next Science technology (Bactisure) to Zimmer Biomet (Development and License Agreement). The Development and License Agreement amended and restated an earlier agreement between Next Science and Zimmer Biomet dated 10 August 2016."
Although on face value, the licence agreement clearly states Bactisure.
I think ZB could be arguing that Xperience is similar to Bacisure in that it is a surgical lavage product based on Next Science technology (implied term in contract).
On the other hand, NXS may argue that they have specifically stated the licence agreement is specifically for Bactisure product only as it has in brackets (Bactisure) in the agreement.
ZB sees that huge opportunity in Xperience, hence no harm in "bullying" NXS as it has unlimited($$$$$) resources to do so.
I think NXS would have to cave in due to David vs Gozilla situation as stated by HC member.
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