Meadow River v. University of Georgia
Georgia Court of Appeals
233 Ga. App. 169 (1998)
- Written by Tammy Boggs, JD
Facts
Meadow River Lumber Company (Meadow River) (plaintiff) and University of Georgia Research Foundation (the foundation) (defendant) entered into a license agreement under which the foundation licensed two of its patents related to making curled wood flakes used in potpourri to Meadow River. Meadow River was granted the exclusive right to make, use, and sell patented products and to sublicense the patented technology. Under the license agreement, the foundation expressly disclaimed the making of any representation or warranty with respect to the licensed patents. A few years later, Meadow River learned certain facts, such as the existence of prior art, that caused Meadow River to believe that the patents had been improperly issued and were not valid. Meadow River and its sublicensee (defendant) sued the foundation, alleging breach of contract and fraud in the inducement. Meadow River claimed that the license agreement lacked consideration because the patents were invalid, were known by the foundation to be invalid, and possessed no value. The trial court granted summary judgment in favor of the foundation, and Meadow River appealed.
Rule of Law
Issue
Holding and Reasoning (Beasley, J.)
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