Is Dryject aware of any actions that infringe upon their patents that could materially affect a franchisee's use?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
We are not obligated by the Franchise Agreement, or otherwise obligated, to protect any or all rights granted to you to utilize the System and its patented equipment, or to protect you against claims of infringement with respect to the patents. However, we believe that our patents are important to the Franchised Business and intend to exercise our best efforts to protect them. We are not aware of any actions that infringe upon our patents that could materially affect your use. If litigation involving the Patents is instituted or threatened against you, you must notify us promptly and cooperate fully with us in defending or settling the litigation. Should we elect to protect the Patents or protect you against claims of infringement, we will have the right to control any
litigation involving a patent licensed by us to you.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, Dryject states that they are not aware of any actions that infringe upon their patents that could materially affect a franchisee's use of the Dryject system. However, Dryject does not have an obligation to protect a franchisee against claims of infringement with respect to the patents. Dryject states that they believe their patents are important to the Franchised Business and intend to exercise their best efforts to protect them.
If litigation involving the Patents is instituted or threatened against a franchisee, the franchisee must notify Dryject promptly and cooperate fully with them in defending or settling the litigation. Dryject retains the right to control any litigation involving a patent licensed by them to the franchisee, should they elect to protect the Patents or protect the franchisee against claims of infringement.
This means that while Dryject isn't currently aware of any patent infringements that could impact a franchisee, the responsibility to monitor and report any potential issues falls on the franchisee. Furthermore, Dryject has the option, but not the obligation, to defend its patents or protect franchisees from infringement claims. This could leave franchisees vulnerable to legal challenges if Dryject chooses not to intervene.