Legal Opinion
Advanced Card Technologies LLC v. Versatile Card Technology, Inc.
District Court, S.D. New York
Decided January 17, 2006No. 04 CIV. 6888(CM)PublishedCited by 5 opinions
1Opinion of the Court
MARKMAN OPINION
McMAHON, District Judge.
The Court, for its construction of the claims in suit:
Why a Markman Hearing in this Breach of Contract Case?
The action at bar is a breach of contract suit brought by a patentee against its licensee, for failure to remit royalties allegedly due. The licensee defends on the ground that the products on which it has refused to pay royalties are not covered by the patent and so are not subject to the license. Because defendant so contends, it is necessary to construe two patent claims, or the trier of fact will be unable to determine whether the products on…
2Cases cited17 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996
- Southwall Technologies, Inc. v. Cardinal Ig CompanyCourt of Appeals for the Federal Circuit · 1995
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
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3Cited by5 opinions
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- Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc.District Court, S.D. New York · 2017
- EPITOPIX, LLC v. ZOETIS INC.District Court, D. New Jersey · 2025