Ion Wave Technologies, Inc. v. SciQuest, Inc.
District Court, D. Delaware
1Opinion of the Court
*378 MEMORANDUM OPINION
ANDREWS, U.S. DISTRICT JUDGE:
Before the Court are the defendant’s motion for judgment on the pleadings (D.I.17) and the related briefing (D.I.18, 20, 22). For the reasons discussed, Sci-Quest, Inc.’s motion is granted in part and denied in part.
BACKGROUND
In 2008, Ion Wave Technologies, Inc. (“IWT”) and SciQuest, Inc. entered into a referral and resale agreement whereby SciQuest would sell IWT’s software. (D.I. 1 at 2, ¶¶ 6-7). The agreement stated that SciQuest would use its standard Master License and Services Agreement (“MLSA”) when providing its clients with IWT…
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