ArentFox Schiff Secures Appellate Victory for AlexSam, Inc. in Patent Case Against MasterCard

ArentFox Schiff successfully represented licensed patent owner AlexSam, Inc. in a longstanding patent case against MasterCard that revolved around a 2005 patent licensing agreement.

The team challenged an earlier District Court ruling that the covenant not to sue barred AlexSam’s claim for unpaid royalties. On appeal, the Federal Circuit overturned the decision and ruled that the covenant not to sue did apply to the royalty provision but did not survive when the license expired.

This victory, marking the second time ArentFox Schiff has won reversal of summary judgment on appeal, has significantly strengthened AlexSam’s position to pursue damages for unpaid royalties. Furthermore, it has led to a voluntary reassignment of the case, paving the way for litigation on whether MasterCard breached the license agreement.

The ArentFox Schiff team was led by Hunter T. Carter.

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