Ericsson v. D-Link, 6:10cv473 (6/20/13)
Judge: Leonard Davis
Holding: Motion for Partial Summary Judgment Excluding License Defenses GRANTED
At issue on this license defense was agency law - the release at issue did not apply to the plaintiffs so the question was whether the plaintiffs were an agent of the released Ericsson entity. Judge Davis concluded that the plaintiff's motion seeking summary judgment on the license defenses should be granted because there was no evidence that the released entity (a subsidiary - not the patent holder) granted the suing entity (the corporate parent and patent holder) authority to sue, nor was there evidence that the suing entity accepted authority from the released entity.