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WIAV Solutions Inc. v. HTC Corp.

Supreme Court, Appellate Division, First Department, New York.
Mar 23, 2017
148 A.D.3d 587 (N.Y. App. Div. 2017)

Opinion

03-23-2017

WIAV SOLUTIONS INC., Plaintiff–Appellant, v. HTC CORPORATION, Defendant–Respondent.

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (David G. Ebert of counsel), for appellant. Haynes & Boone, LLP, New York (Jonathan D. Pressment of counsel), for respondent.


Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (David G. Ebert of counsel), for appellant.

Haynes & Boone, LLP, New York (Jonathan D. Pressment of counsel), for respondent.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about May 18, 2016, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

The motion court, in a thorough decision, properly determined that none of the three patent licensing agreements that defendant executed with third parties entitled plaintiff to additional payments under the agreement between plaintiff and defendant (see e.g. Ashwood Capital, Inc. v. OTG Mgt., Inc., 99 A.D.3d 1, 948 N.Y.S.2d 292 [1st Dept.2012] ). The court properly rejected plaintiff's arguments that certain options granted by defendant to those third parties, which were not alleged to be exercised, as well as the ownership status of certain patent rights transferred to the third parties, constituted a "Triggering Event" under the agreement. The court also properly determined that plaintiff's unsupported allegations of the existence of other Triggering Events failed to state a claim and that further discovery was not warranted (id. ).

We have considered plaintiff's remaining arguments and find them unavailing.

SWEENY, J.P., RICHTER, MOSKOWITZ, FEINMAN, GISCHE, JJ., concur.


Summaries of

WIAV Solutions Inc. v. HTC Corp.

Supreme Court, Appellate Division, First Department, New York.
Mar 23, 2017
148 A.D.3d 587 (N.Y. App. Div. 2017)
Case details for

WIAV Solutions Inc. v. HTC Corp.

Case Details

Full title:WIAV SOLUTIONS INC., Plaintiff–Appellant, v. HTC CORPORATION…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 23, 2017

Citations

148 A.D.3d 587 (N.Y. App. Div. 2017)
2017 N.Y. Slip Op. 2162
50 N.Y.S.3d 864