Utopia Provider Systems, Inc. v. Pro-Med Clinical Systems, LLC

In an action for breach of a royalty-bearing license agreement, trial court erred in granting defendant’s motion in limine to preclude plaintiff from offering evidence of revenues received after the expiration of the agreement on basis defendant never sent a “continuation notice” because that provision was for the benefit of the plaintiff and was inconsistent with another provision of the contract that specifically obligated defendant to pay royalties for end-users’ continued use of the licensed materials after the expiration of the contract.  Utopia Provider Systems, Inc. v. Pro-Med Clinical Systems, LLC, 41 Fla. L. Weekly D1747 (Fla. 4th DCA July 27, 2016).