If litigation involving Dryject patents is threatened against me, what am I required to do?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) We and/or Our affiliates own rights in, or to certain patents that are material to the Franchise and Our System. You shall not, at any time during the Term of this Agreement or after its termination or expiration contest the validity or ownership rights in any patents currently issued to or hereafter applied for by Us and/or Our affiliates. 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 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject and/or its affiliates own rights to certain patents material to the franchise and its system. As a Dryject franchisee, you are prohibited from contesting the validity or ownership of any patents issued to or applied for by Dryject and/or its affiliates during the term of the agreement and after its termination or expiration.
If litigation involving these patents is instituted or threatened against you, you are required to promptly notify Dryject and fully cooperate with them in defending or settling the litigation. Dryject retains the right to control any litigation involving a patent licensed to you, should they elect to protect the patents or protect you against infringement claims.
This means that as a franchisee, you cannot independently challenge Dryject's patents. Instead, you must rely on Dryject to defend its patents and protect your interests in any related litigation. This clause ensures that Dryject maintains control over its intellectual property and can act strategically to protect its patent rights across the entire franchise system.