United States Eleventh Circuit

In an action arising out of a contract that required a company to make minimum purchases of products in exchange for an exclusive license to market and distribute them, judgment for defendant is affirmed where: 1) the district court properly rejected plaintiff's argument that defendant's shipment of the defective ampoules breached the entire Licensing Agreement; 2) because the Licensing Agreement did not clearly express that the listed remedies were the exclusive remedies available to defendant, regardless of what the parties' intentions may have been, the Agreement did not effectively limit defendant's remedies; and 3) the jury's verdict, which did not exceed the amount of defendant's expert's calculations, was neither against the great weight of the evidence nor excessive.

Appellate Information

• Decided 08/25/2010
• Published 08/25/2010

Judges

• Gerald B. Tjoflat

Court

• United States Eleventh Circuit

Counsel