A California federal judge denied an attempt by the Regents of the University of California to dismiss Epistar Corp.’s contract suit over patent licensing
Monday, finding the Taiwanese manufacturer’s arguments are specific enough to proceed.
U.S. District Judge Jeffrey S. White ruled that Epistar sufficiently alleged that the Regents breached their licensing contract when they failed to notify Epistar they had sued retailers over potential infringement of related patents.
“[T]he claim in this case is for breach of contract, not for patent infringement,” the order said. “What Epistar must plead for a breach of contract claim differs from what is required in a patent infringement case […] Epistar has done just that.” Read more