Agoracom

Civil Code sec 1542 allows the parties to "revisit" their agreements when something unexpected occurs subsequent to the contract which materially affects the terms. However, most sophisticated contracts, partiuclarly in areas as complex as this, contain a waiver or release of 1542 protections which means both sides agree that no matter what happens subsequent to the contract, they each are assuming that risk and the contract can not be set aside. I do not know for sure if this is in these contracts but I am asssuming it is.

Obviously we can still go after original manufacturers. We have already settled with Intel, Toshiba, NEC and Philips, but there are many big boys left and the price of poker just went up. I would not say it is good news but it difinately streamlines our litigation and allows us to focus on a smaller pool of infringers, for more money.