Interference No. 104,313
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
"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.
14. From November 23, 1987, to November 25, 1987, Sauer and Kanzaki personnel
met again in the United States, to get started on their "joint" development effort and determine
what design would meet market and company requirements. See Exhibit 2232; Exhibit 2412 18;
Exhibit 2413 17.
15. The November 23-25, 1987 meeting included a "brainstorming session" where the
parties exchanged ideas regarding the concepts that they had developed prior to the meeting.
16. During the November 23-25, 1987 meeting, Sauer and Kanzaki together chose four
design concepts to pursue and decided that the detailed investigation of the center section would
be Sauer's responsibility. (Sauer and Kanzaki Fact 60)
17. Sauer's brief does not explain, specifically, what each of the four chosen concepts
were. But the cited testimony of Mr. Fujisaki states (Exhibit 2454, page 27 lines 16-22):
At this time [referring to meeting notes of the November 23-25, 1987 meeting,
Exhibit 2388] this concept which was selected was integrated design of housing
and center section. However, if we are to have integral housing with center
section, there are many difficult problems. Everybody realized those difficulties
and in order to find solutions. What it means here is Sauer is going to take the
lead to find a solution.
According to Sauer, and consistent with Mr. Fujisaki's testimony, during the November 23-25,
1987 meeting, the parties jointly decided that they would pursue an IHT having a center section
that is integral to the housing as opposed to being separately mounted. (Sauer Fact 80)
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