California Court of Appeal

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

Judges

Court

• California Court of Appeal

Counsel

• 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.