Interference No. 104,311 Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd. 10. Kanzaki has been accorded benefit of the earlier filing dates of Japanese applications 63-24193; 63-55828; 63-67005; and 63-79665. The earliest of such filing dates is February 3, 1988. 11. On June 29, 1987, representatives from Sauer and representatives from Kanzaki had a personal meeting in the United States. At that meeting, it was generally agreed between the respective company representatives that the two parties will work jointly to develop a rear engine rider package including an IHT (integrated hydrostatic transmission). (Exhibit 2228; Exhibit 2411 ý 8; Exhibit 2412 13; Exhibit 2413 $ 3; Exhibit 2407 17). 12. It was also agreed during the June 29, 1987, meeting that Mr. Joseph Louis of Sauer and Mr. Koichiro Fujisaki of Kanzaki would be responsible for the conceptual design of the 1HT. (Exhibit 2228; Exhibit 2411 T 9; Exhibit 2412 14; Exhibit 2413 T 4; Exhibit 2407 18). 13. Neither party represents that the agreement reached on June 29, 1987, to jointly develop a rear engine rider including an IHT was itself a binding contract with enforceable terms. Neither party represents that the agreement was in writing and neither party submitted a summary of each party's specific responsibilities, obligations, and commitments under the agreement. On page 44 of its brief, Sauer states that the parties werejointly developing an IHT pursuant to "what was going to be" a contractual joint venture. We find that the so called "agreement" was merely an intent to cooperate so long as either party saw fit to do so, with an eye toward possibly working out and executing an actual contract for joint venture at a later time. - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007