Publication of the Microsoft Agreements

“A number of articles about the filings indicate incorrectly
that we are excluding OpenOffice from the covenant not to sue under
the patent cooperation agreement. That’s not the case. This
confusion likely stems from language in the agreements around a
‘grandfather clause’ for certain products. The covenants Microsoft
and Novell make to each other’s customers relate to ‘Covered
Products.’ Some products with certain characteristics–known as
‘Excluded Products’–do not qualify as Covered Products, and thus
are not covered by these covenants. Certain products available
before November 2, 2006, however, are automatically covered under
these covenants, regardless of whether or not they have the
characteristics of an ‘Excluded Product.’ The reference in the
patent cooperation agreement to OpenOffice simply means that it
does not qualify for this automatic coverage. It does not mean it
is not covered by the covenants…”

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