...(including, without limitation, with respect to the consideration to be paid pursuant to this Agreement or any license agreement pursuant to the Commercialization Agreement)....
The "public announcements" section begins by expressly stating that it applies only to "transactions comtemplatd hereby", which cannot possibly mean anything other than what is cotemplated by the MA itself. And you stopped too quickly as to the clause containing the phrase "without limitation", which I have reproduced above in its proper context --- obvously, the "without limitation" language applies only to the "consideration" (money) to be paid under the MA, or to a licensing agreement under MA.
Again, corrections welcome, but going just by memory (which seems to have been pretty good so far), the MA was written and executed quite some time before any PTO re-exam was requested. In other words, the MA, unless it contains some provision I am forgetting or have never seen, simply has nothing to do with such proceedings, and thus cannot restrict disclsoure by PTSC of matters such as action on re-exams.
Thanks for providing the language from the MA about disclosures, which is in complete accord with my recollection. Now back to my original question --- why would PTSC choose not to release the favorable news of a re-certified patent?
Best wishes to you and all.
