INTERNATIONAL GAMCO, INC. v. MULTIMEDIA GAMES

No. 2007-1034.

504 F.3d 1273 (2007)

INTERNATIONAL GAMCO, INC., Plaintiff/Counterclaim Defendant-Appellee, and John Adams and Scott Henneman, Counterclaim Defendants-Appellees, and Oasis Technologies, Inc., Counterclaim Defendant, v. MULTIMEDIA GAMES, INC., Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

October 15, 2007.


Attorney(s) appearing for the Case

John P. Passarelli, Kutak Rock LLP, of Omaha, NE, argued for plaintiff/counterclaim defendant-appellee and counterclaim defendants-appellees. On the brief were Jeffrey F. Craft and Paul D. Chancellor, Jackson, DeMarco, Tidus & Peckenpaugh, of Westlake Village, CA.

Charles A. Bird, Luce, Forward, Hamilton & Scripps LLP, of San Diego, CA, argued for defendant/counterclaimant-appellant. With him on the brief was Callie A. Bjurstrom.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.


Opinion for the court filed by Circuit Judge RADER. Opinion dubitante filed by Senior Circuit Judge FRIEDMAN.

RADER, Circuit Judge.

The United States District Court for the Southern District of California certified this case for an interlocutory appeal. International Gamco, Inc. ("Gamco") possesses an "exclusive enterprise license" (an amalgam of an exclusive territorial license and an exclusive field of use license) and seeks on the basis of that license...

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