In plaintiffs' suit against defendant for breach of contract and related claims arising from an Asset Purchase Agreement, summary judgment in favor of defendant is affirmed for the most part and reversed in part where: 1) the district court correctly granted summary judgment to defendant with respect to most of the claims; but 2) reversal was warranted in one respect as, under Massachusetts law the Purchase Agreement contains an implied contractual term that required defendant to use reasonable efforts to develop and promote plaintiff's technology.
Appeal from the United States District Court for the District of Massachusetts
Decided October 29, 2009
Opinion by Dyk, Circuit Judge
For Appellant: Edward T. Dangel, III
For Appellee: Jonathan Isaac Handler