United States Second Circuit

In an action alleging breach of contract and misappropriation of trade secrets involving a chewing gum licensing agreement, summary judgment for defendant is reversed and remanded where: 1) the licensing agreement was ambiguous as to defendant's entitlement to continual usage of trade secrets after the agreement's terminate date; and 2) extrinsic evidence did not weigh overwhelmingly in defendant's favor to permit a resolution of the agreement's ambiguity by summary judgment.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• CARDAMONE, Circuit Judge:, Before:  CARDAMONE, and POOLER, Circuit Judges, and KEENAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David G. Ebert, New York, NY, (Patricia Hewitt, Mioko Tajika, Caitlin L. Bronner, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, NY, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Dennis P. Orr, New York, NY, (Stefan W. Engelhardt, John W.R. Murray, Morrison & Foerster LLP, New York, NY, of counsel), for Defendant-Appellee.