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.
Related Resources
- Full Text of Advanced Body Care Solutions, LLC v. Thione Int’l., Inc., No. 09-13151
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