Claim MasterCard Breached Patent License Revived by Fed. Cir.

The Federal Circuit revived a claim that MasterCard International Inc. breached AlexSam Inc.'s patent license covering prepaid card-reading technology for not paying royalties.

The U.S. District Court for the Eastern District of New York abused its discretion in determining that AlexSam took a position in front of the Patent Trial and Appeal Board that it never actually took, the U.S. Court of Appeals for the Federal Circuit ruled in a nonprecedential opinion reversing and remanding the decision.

The district court’s decision to invoke judicial estoppel, which prevents litigants from asserting claims that are contrary to or inconsistent with claims made ...