Orthoarm Inc. moved for summary judgment to dismiss GAC International, LLC's action, arguing GAC was estopped by conduct from claiming a reduced royalty rate.
GAC's action sought a declaration that royalties should be 5% instead of 10% after another party began selling a bracket using the same patent.
The court dismissed Orthoarm's motion, finding genuine issues of material fact, including GAC's knowledge of the patent use, Orthoarm's detrimental reliance, and the feasibility of Orthoarm licensing the patent to other manufacturers.
The court determined that a trial was required for a fair and just determination.
