Legal Opinion
Applera Corp. v. MP BIOMEDICALS, LLC
California Court of Appeal
Decided April 30, 2009No. G038984PublishedCited by 16 opinions
1Opinion of the Court
Opinion
IKOLA, J.
Following a bench trial, the court below awarded plaintiff Applera Corporation $1,125,195 in contract damages based on defendant MP Biomedicals, LLC’s failure to pay royalties on products sold under a patent licensing agreement. Defendant appeals the judgment, claiming the court erred in spectacular fashion by allowing the wrong plaintiff (standing is contested, as plaintiff is an assignee of the patent owner) to sue the wrong defendant (defendant is the ultimate parent corporation of a French entity that manufactured the licensed products at issue) in the wrong court (federal…
2Cases cited28 opinions
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
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3Cited by16 opinions
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- Caldera Pharmaceuticals, Inc. v. Regents of the UniversityCalifornia Court of Appeal · 2012
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