Int'l Gamco, Inc. v. Multimedia Games, Inc.

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 to sue Multimedia Games, Inc. (“Multimedia”). The trial court declined to dismiss the case and certified the question of licensee standing to this court. Because this court concludes that an exclusive enterprise licensee, like a field of use licensee, does not hold all substantial rights in the licensed patent within the licensed territory, this court reverses the district court’s denial of the defendant’s motion to dismiss.

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