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Applera Corp. v. MP Biomedicals, LLP, G038984

In a breach of contract action involving a patent licensing agreement, trial court judgment is affirmed where: 1) the trial court rather than federal court properly exercised jurisdiction over the claim at issue as plaintiff sued for breach of contract and not patent infringement; 2) plaintiff had standing to pursue the case as it had the right to sue for damages arising out of the licensing agreement; and 3) substantial evidence supports the judgment against defendant. Post-judgment order denying plaintiff's request for an award of attorney fees is reversed as plaintiff is the prevailing party under Swiss law.

Appellate Information

  • Decided 04/30/2009
  • Published 04/30/2009



  • California Court of Appeal


  • For Appellant:
  • Whitehead & Porter, Stephen L. Porter, and David B. Whitehead, San Francisco, for Plaintiff and Appellant.

  • For Appellees:
  • Lewis, Brisbois, Bisgaard & Smith, Roy G. Weatherup, David N. Makous, Eric J. Erickson, and Allison Ann Arabian, Costa Mesa, for Defendant and Appellant.
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