United States First Circuit

Partial grant of summary judgment for both plaintiff and defendant in a software licensing dispute is affirmed where: 1) the defendant's failure to deliver any payment was a material breach as to a single product; 2) plaintiff had timely notice of a material defect that triggered an obligation to cure; and 3) plaintiff was entitled to only one year's licensing fees.

Appellate Information

• Decided 04/05/2006
• Published 04/05/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, BOWMAN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Lee T. Gesmer, with whom Joseph J. Laferrera, Kurt E. Bratten, and Gesmer Updegrove LLP were on brief, for appellant/cross-appellee., Maria E. Recalde, with whom Mark J. Ventola, Sheehan Phinney Bass + Green, P.A., William P. Kelly, and McCarthy & Kelly LLP were on brief, for appellee/cross-appellant.