What is Dryject's stated intention regarding the protection of its patents?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no presently effective determinations of the USPTO, or of any court, nor any pending interference, opposition or cancellation proceedings or pending material litigation involving any of the patents listed above.
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, while Dryject is not obligated to protect the rights granted to franchisees to utilize the System and its patented equipment, or to protect franchisees against claims of infringement, Dryject believes that its patents are important to the Franchised Business and intends to exercise its best efforts to protect them. Dryject also states that it is not aware of any actions that infringe upon its patents that could materially affect a franchisee's use.
However, if litigation involving the Patents is instituted or threatened against a franchisee, the franchisee must notify Dryject promptly and cooperate fully with Dryject in defending or settling the litigation. Should Dryject elect to protect the Patents or protect a franchisee against claims of infringement, Dryject will have the right to control any litigation involving a patent licensed by them to the franchisee.
This means that while Dryject intends to protect its patents, the actual level of protection a franchisee receives may depend on Dryject's discretion and decision to engage in litigation. Franchisees are obligated to inform Dryject of any potential patent litigation and cooperate with them. This clause gives Dryject control over any patent-related litigation, which is a common practice in franchising to ensure consistent defense strategies and protect the overall brand.