Precedential Federal Circuit Opinions

FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. [OPINION - PRECEDENTIAL] (DYK, LINN, TARANTO)

Dyk, J. Reversing district court’s grant of a motion to dismiss where there were undecided issues of fact underlying the defendant’s license defense involving (1) whether a license agreement had been properly terminated and (2) whether a sublicense under the license would have survived termination. Also remanding to allow plaintiff to amend its complaint to add extrinsic evidence allegations relevant to intent.