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Posted to legal-discuss@apache.org by "Xiaolin WANG (Jira)" <ji...@apache.org> on 2022/08/31 08:29:00 UTC
[jira] [Updated] (LEGAL-618) Would a patent owner be terminated its obtained licenses under AL2.0 for suing a contribution?
[ https://issues.apache.org/jira/browse/LEGAL-618?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]
Xiaolin WANG updated LEGAL-618:
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Summary: Would a patent owner be terminated its obtained licenses under AL2.0 for suing a contribution? (was: Would a patent owner be terminated its obtained license under AL2.0 for suing a contribution?)
> Would a patent owner be terminated its obtained licenses under AL2.0 for suing a contribution?
> ----------------------------------------------------------------------------------------------
>
> Key: LEGAL-618
> URL: https://issues.apache.org/jira/browse/LEGAL-618
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Xiaolin WANG
> Priority: Major
>
> Company-A has a patent reading on Branch M forked from Project X but does not contribute the code of Branch M under Apache License.
> Company-B contributes code later to Project X under Apache License which falls in the scope of A's patent on Branch M.
> If Company-A sues Company-B for its contribution infringing upon the patent, would it triggers the second sentence of Article 3 of Apache License 2.0? i.e. any patent licenses granted to Company A under Apache License 2.0 for that Work (Project X shall be deemed as the Work, as I understood, is it correct?) terminate as of the date such litigation is filed."
>
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