In Duval Wiedmann, LLC v. InfoRocket.com, Inc., No. 09-50787, an action for breach of a patent license agreement, the court affirmed summary judgment for defendant where the district court correctly held that the agreement terminated on November 29, 2004, sixty days after plaintiff received actual notice of termination. However, the order is remanded where the district court did not address what royalties, if any, were owed to plaintiff over a certain time period.
As the court wrote: "DuVal Wiedmann, LLC ("DuVal Wiedmann"), appeals a summary judgment on its breach-of-contract claim. We affirm the summary judgment but remand for consideration of whether DuVal Wiedmann is owed royalties for one particular period of time."