0704003 Informal Interpretation

From:(redacted)

Sent:Thursday, April 05, 2007 4:09 PM

To:Verne, B. Michael

Subject:Exclusive license issue

Mike,

If you are still around, can you give me a calQuestions involves exclusive licenses.

Licenseehas the option exercisable for the first month to obtain the right tomanufacture or designate who will manufacture. Licensee has no intention ofexercising the option and the licensor will manufacture and supply the product.Is the fact an option is held enough to trigger the obligation to file becausethe person is receiving an exclusive right to use a patent to make, manufactureand sell? [MV reference 1]

Assuming the option is not exercised or the personhas no intention of exercising the option, licensee will have the right todetermine who will manufacture when the supply agreement w/ Licensor expires.Would HSR be triggered when it obtains this right 5 years down theroad? [MV reference 2]