PATracer

Tracking Patent Appeals

2008-1163 Murphey v. TPS Enterprises

Posted on | February 21, 2008 | No Comments

D/AZ 04-CV-2430

Plaintiff and defendants entered into license for plaintiff’s patent and to commercialize plaintiff’s product, a snowcone vending machine.  Failing to bring anything to market, the arrangement was terminated.  Plaintiff sued (and lost) a state court case that defendants didn’t try hard enough, and then brought the instant action claiming infringement for defendant’s use during the license period.  Judge Mary Murguia granted summary judgment finding the license a complete defense to the claim and that there was no basis to void the license.

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