Nano-Proprietary, Inc. v. Canon, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BENAVIDES, Circuit Judge:
This case arises from a patent license agreement between Nano-Proprietary, Inc. (“Nano”) and Canon, Inc. (“Canon”). Canon went into business with Toshiba, Inc. (“Toshiba”) and formed a joint venture-SED, Inc. (“SED”). Believing that SED used Canon’s license in violation of the patent license agreement, Nano sued Canon in federal district court. The district court found that Canon materially breached the patent license agreement via an impermissible sublicense to SED, such that Nano was entitled to terminate the agreement. The issue of damages was tried before a jury,…
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