Patriot Scientific

From another opinion

<Finally, the Supreme Court addressed the question of whether the license terms precluded application of the exhaustion doctrine and determined they did not. Important in the Court's determination was that the license agreement did not contain the preclusive condition; a separate "Master Agreement" between the parties recited that provision. But "Intel's authority to sell its products embodying the LGE Patents was not conditioned on the notice [that the mixed combination of components was an unauthorized use] or on Quanta's decision to abide by LGE's directions in that notice," because breach of the provisions of the Master Agreement precluding sale of Intel microprocessors and chipsets to third parties who combined them with non-Intel components did not constitute a breach of the licensing agreement.

Opty