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Ann: Upcoming Investor Video Presentation, page-12

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  1. 275 Posts.
    lightbulb Created with Sketch. 75
    Cut-off time for filing a divisional patent application (continuation application in US) usually ends before grant of the initial patent, so that horse has bolted.

    We probly had an NDA with Lumileds which may have included a contractual restraint on Lumileds using our IP, but, since our patent was published, and leaving aside any pre-publication springboard effect*, the NDA would only be effective for confidential information/trade secrets. So, unless we can prove Lumileds "stole" part or all of their invention from us, we may not be able to invalidate their patent application. We may also not have the right to claim ownership of their invention. On the other hand, it is possible that their invention infringes our patent, which is nice.

    *The springboard effect refers to the use of confidential information without authorization of the owner of the information.

    Often (not always) the original patent will cover implementation of a fundamental concept, and later patents will cover particular applications or improvements.


 
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