- 16 - independent of the shelter promoters in making decisions regarding Drake’s initial operations and financial commitments. Coppage did retain a lawyer, Renno L. Peterson, to review Drake's offering memorandum. Peterson expressed criticism about significant aspects of the Drake partnership, but the changes Peterson recommended were not implemented. Petitioner alleges differences in the license agreements between the Drake and Barton partnerships, on the one hand, and a number of the other partnerships, on the other hand. Petitioner incorrectly alleges that, under their EOR license agreement, Drake and Barton had the right to use the technology in a commercial project but that the other partnerships did not have such right. All partnerships, however, had the right to use the EOR technology in a commercial project. Drake and Barton had a single technology license agreement permitting both testing and commercialization, whereas many of the other partnerships had one license that allowed use of the technology only for testing and another separate license for a commercial project. No evidence indicates that this difference in format is material. Under either license format, use of the technology on a commercial project was permitted, but the fixed license fees were based on the number of partnership units sold, and under both license formats, the partnerships would be obligated to pay additionalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011