Mds (canada) Inc., Appellants v. Rad Source Technologies, Inc.

Summary

The court answered the certified question in the negative, holding that Florida law does not use a bright-line rule to distinguish an assignment of a license agreement from a sublicense. The determination depends on the agreement's language and subject matter, the substance of the rights transferred, the parties' intent, and any substantial rights retained by the licensee. The court left the ultimate classification of the Nordion-Best transaction to the Eleventh Circuit. No separate opinions were provided.