APPLERA CORP. v. MP BIOMEDICALS, LLC

No. G038984.

173 Cal.App.4th 769 (2009)

___ Cal.Rptr.3d ___

APPLERA CORPORATION, Plaintiff and Appellant, v. MP BIOMEDICALS, LLC, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

April 30, 2009.


Attorney(s) appearing for the Case

Whitehead & Porter, Stephen L. Porter and David B. Whitehead for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, David N. Makous, Eric J. Erickson and Allison Ann Arabian for Defendant and Appellant.


OPINION

IKOLA, J.

Following a bench trial, the court below awarded plaintiff Applera Corporation $1,125,195 in contract damages based on defendant MP Biomedicals, LLC's alleged failure to pay royalties on products sold under a patent licensing agreement. Defendant appeals the judgment, claiming the court erred in spectacular fashion by allowing the wrong plaintiff (standing is contested, as plaintiff is an alleged assignee of the patent...

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