I have a question about how far make rights (including have made rights) extend. Consider the following scenario: Company A owns IP consisting of xy. Company A licenses the IP to customer B, including make rights. Customer B contracts Manufacturer C to create the technology. Normally this would be allowed under CoreBrace v. Star Seismic. However, the situation becomes tricky in the following scenarios:
1) Customer B contributes 'x' and Manufacturer C contributes 'y' in order to make the IP owned by Company A. Would Manufacturer C be in the clear in this situation?
2) Customer B doesn't contribute anything, Manufacturer C contributes 'xy'. Same question as above.
If you could cite any precedent that would be helpful. Thanks in advance.