"Section 1.23 of the IBM Agreement states that IBM Licensed Products "shall mean IHS Products ..." The only logical conclusion is that the parties meant those IHS Products specifically identified in Section 1.2 of the Agreement. Section 1.2 does not limit the products to IBM designed products."
"Therefore, IBM has the right to act as a foundry and to make, use, lease, sell and otherwise transfer the microprocessors in question to Cyrix free of any claims of patent infringement."
Comments
Well, technically correct :) It was Cyrix made in TI fab to skirt Intel patents. Same deal with ones made in IBM foundry
Cyrix Corp. v. Intel Corp., 879 F. Supp. 672 (E.D. Tex. 1995) https://law.justia.com/cases/federal/district-courts/FSupp/8...
"Section 1.23 of the IBM Agreement states that IBM Licensed Products "shall mean IHS Products ..." The only logical conclusion is that the parties meant those IHS Products specifically identified in Section 1.2 of the Agreement. Section 1.2 does not limit the products to IBM designed products."
"Therefore, IBM has the right to act as a foundry and to make, use, lease, sell and otherwise transfer the microprocessors in question to Cyrix free of any claims of patent infringement."
Aha! I didn't know the Cyrix story. Just seeing TMS8080 in many places.