United States Ninth Circuit

Summary judgment in favor of defendant on plaintiff's breach of contract claims for royalties from the sale of the Web Blaster, a Spider-Man toy, under the parties' Settlement Agreement, where a so-called "hybrid" licensing agreement encompassing inseparable patent and non-patent rights is unenforceable beyond the expiration date of the underlying patent, unless the agreement provides a discounted rate for the non-patent rights or some other clear indication that the royalty at issue was in no way subject to patent leverage, which the agreement here did not contain.

Appellate Information

• Decided 07/16/2013
• Published 07/16/2013

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel