By Memorandum Opinion entered by The Honorable Sue L. Robinson in Unwired Planet, Inc. v. Microsoft Corporation, Civil Action No. 14-967-SLR (D.Del., June 15, 2016), the Court granted plaintiff Unwired Planet, Inc.’s Motion for Summary Judgment after concluding that the agreement between Unwired Planet and Lenovo PC International Limited satisfied the conditions of a “Qualifying Agreement” in Section 5.1.3 of the patent license agreement entered between Unwired Planet and Microsoft Corp. for Microsoft to pay Unwired Planet an additional $10 Million as a Qualifying Agreement License Fee.
A copy of the Memorandum Opinion is attached.
The general take away is that parties have a right to enter into good and bad contracts – the law enforces both particularly when they involve sophisticated parties.