Summary Judgment Granted Based on Licensing Defense

Accolade Systems LLC v. Citrix Systems, Inc., 2009 WL 1514426(E.D.Tex. May 29, 2009) (NO. 6:07 CV 48)
Judge: Leonard Davis
Holding: Motion for Summary Judgment on Licensing Defense GRANTED
This is a patent case set for trial before Judge Davis in Tyler later this month.  The last defendant standing, Citrix filed a motion for summary judgment asserting a license defense based on a settlement agreement the plaintiff entered into with Cisco on April 6.  Plaintiff Accolade filed a motion for leave to conduct additional fact discovery regarding the applicability of the Agreement.  As stated at the pretrial hearing, the Court granted Citrix's motion for summary judgment based on the Agreement release provision, holding that the release provision applied to Citrix as a “customer,” a “user,” and an “Authorized Third Party”, and since the Agreement release provision was unambiguous, he denied the motion for leave to conduct additional fact discovery