MDS (Canada) Inc. v. Rad Source Technologies, Inc., etc.

In this complex commercial litigation involving a patent license agreement that has at its core issues of Florida contract law, the certified question from the United States Court of Appeals for the Eleventh Circuit involves whether the licensee’s transfer of its interest in the patent license agreement constituted an assignment or a sublicense. 1 The legal issue that is the crux of the question presented to this Court is whether Florida law recognizes a “bright-line rule” that distinguishes an assignment from a sublicense when a licensee transfers its entire interest in a license agreement…