JP Morgan Chase Bank, N.A. v. Datatreasury Corpora

W. EUGENE DAVIS, Circuit Judge:

In this case we review the district court’s interpretation of a most favored licensee (“MFL”) clause in a license agreement which allows Plaintiff-Appellee JP Morgan Chase Bank, N.A. (“JPMC”) to use Defendant-Appellant DataTreasury Corporation’s (“DTC”) patented check processing technology. The negotiated license agreement granted JPMC unlimited use of the patented technology both as to time and volume of use for a lump sum, which JPMC paid in installments under the agreement. In its suit against DTC for breach of contract, JPMC invoked its rights under the MFL…