Droplets, Inc. v. ETrade Financial Corp.

DECISION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM

McMAHON, District Judge.

Before the Court in this patent infringement case are cross motions: Plaintiffs motion to dismiss Defendants’ counterclaim for breach of contract on the ground that Defendants lack standing to pursue it; and Defendants’ motion for summary judgment, on the ground that they are third party beneficiaries of a settlement agreement that bars Plaintiff from suing them for patent infringement.

The parties present the issues as straightforward issues of contract…