California Fire-Roasted v. Olam West Coast CA3
Plaintiff California Fire-Roasted LLC (CFR) and defendant Olam West Coast, Inc. (Olam), are parties to an agreement under which Olam agreed to pay fees in exchange for the right to use CFR’s “Licensed Technology,” as defined, for the production of fire-roasted and smoked tomato products. The fees required to be paid under the agreement were based on the total volume of tomato products produced using the Licensed Technology.
In 2014, CFR filed a complaint alleging that Olam breached their agreement by using CFR’s Licensed Technology to manufacture tomato products without paying license fees. The complaint also alleged claims for quantum meruit and for breach of the implied covenant of good faith and fair dealing.
In 2017, CFR moved for summary adjudication against Olam on its breach of contract claim. CFR narrowly argued that undisputed facts established that Olam breached the agreement by using one specific aspect of the Licensed Technology—the “know-how” embodied in cert
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