United States Seventh Circuit

Summary judgment for defendant in a suit concerning patent royalties is affirmed where: 1) the court correctly determined that the license had expired, and the most favored nation provision of the license expired when the license itself expired; 2) a settlement for past infringement entered into after the patent's expiration does not constitute a license; 3) the district court did not err in granting summary judgment prior to discovery; and 4) witness testimony did not violate the Best Evidence Rule since it was based on firsthand knowledge of events.

Appellate Information

• Decided 10/30/2006
• Published 10/30/2006

Judges

• FLAUM, Chief Judge., Before FLAUM, Chief Judge, and KANNE and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Rhett R. Dennerline (argued), Competition Law Group, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Paul S. Grossman (argued), Stuart I. Friedman and Andrew A. Wittenstein, Friedman & Wittenstein, A Professional Corporation, New York, NY, for Defendant-Appellee.