Unwired Planet, Inc. v. Microsoft Corporation, C.A. No. 14-967-SLR, June 15, 2016.

Robinson, J. Plaintiff’s motion for summary judgment is granted; Defendant’s motion for summary judgment is denied.

The sole issue in this case is whether defendant has breached a licensing agreement by its refusal to pay a $10 million fee which plaintiff contends is due pursuant to a “Qualifying Agreement.” Defendant agreed to pay $10 million if plaintiff later closed a “qualifying agreement” with an unaffiliated third-party. This contract interpretation dispute is controlled by Delaware law. Both parties agree the contract is not ambiguous. The court finds in favor of plaintiff. If defendant had intended to limit the scope of patents granted by the “Qualifying Agreement,” it knew how to do so but did not in the final agreement.