United States First Circuit

In plaintiffs' suit against defendant for breach of contract and related claims arising from an Asset Purchase Agreement, summary judgment in favor of defendant is affirmed for the most part and reversed in part where: 1) the district court correctly granted summary judgment to defendant with respect to most of the claims; but 2) reversal was warranted in one respect as, under Massachusetts law the Purchase Agreement contains an implied contractual term that required defendant to use reasonable efforts to develop and promote plaintiff's technology.

Appellate Information

• Decided 10/29/2009
• Published 10/29/2009

Judges

• DYK, Circuit Judge., Before TORRUELLA, BOUDIN, and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward T. Dangel, III, with whom Dangel & Mattchen, LLP, was on the brief, for appellants.


• For Appellees:
  
• Jonathan Isaac Handler, with whom Jillian B. Hirsch and Day Pitney, LLP, was on the brief, for appellee.