Bristol-Myers Squibb Co. v. United States

OPINION

MILLER, Judge.

This case is before the court after argument on cross-motions for summary judgment. Twelve years after a license for compounds used in anti-HIV drugs issued, the Government demanded royalty payments for the sales of products made in the United States during the period before a patent issued in the country of sale. The licensee challenges whether the terms of the licensing agreement mandate these payments. Although each party embraces the contract’s plain meaning as decisive, the court determines that the matter cannot be resolved based on the plain language of the…