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Advanced Body Care Solutions, LLC v. Thione Int'l., Inc.

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By FindLaw Staff on August 30, 2010 10:38 AM

Advanced Body Care Solutions, LLC v. Thione Int'l., Inc., No. 09-13151, involved an action arising out of a contract that required a company to make minimum purchases of products in exchange for an exclusive license to market and distribute them.  The court affirmed judgment for defendant on the grounds that 1) the district court properly rejected plaintiff's argument that defendant's shipment of the defective ampoules breached the entire Licensing Agreement; 2) because the Licensing Agreement did not clearly express that the listed remedies were the exclusive remedies available to defendant, regardless of what the parties' intentions may have been, the Agreement did not effectively limit defendant's remedies; and 3) the jury's verdict, which did not exceed the amount of defendant's expert's calculations, was neither against the great weight of the evidence nor excessive.

As the court wrote:  "This case arises out of a contract that required a company to make minimum purchases of products in exchange for an exclusive license to market and distribute them. Contending that products it initially received were defective, the purchaser did not make the additional minimum purchases the contract required. After attempts to negotiate a solution to the parties' differences failed, the purchaser brought suit against the supplier for breach of contract and for breach of an implied warranty. The supplier counterclaimed, seeking the profits it would have earned had the purchaser satisfied its obligations under the contract. A jury found for the supplier on the purchaser's claims and awarded it $2.5 million on its counterclaim."

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