Hi all
As Rossi holds the contract valid do IH have no where else to go?
As IH seem to have realised the motion to dismiss appears to have failed, they now wish to go back to the offer Rossi made to them almost a year ago but the concept of the time value of an offer seems to have escaped their notice.
Now the contract terms on Rossi are complete it makes far more economic sense for Rossi to hold the contract fulfilled on his part.
Hence Rossi can as he has done with the court case demand the $89 million due for proof of IP effectiveness, IH have rights to his old IP nothing new, if they pay up straight away. And as he has done, Rossi has removed the IH exclusive territorial license due to repudiation of those contract terms by inaction.
And the no compete clause means IH cannot even use their other IP.
So where now for IH?
Kind Regards walker