Interference No. 104,314
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
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 46 of its brief, Sauer states that the parties were jointly 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.
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):
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