i.Lan Systems, Inc. v. Netscout Service Level Corp.
United States District Court for the District of Massachusetts
183 F.Supp.2d 328 (D. Mass. 2002)
Relevant factsFree
iLAN (plaintiff) entered a reseller agreement and clickwrap license with NextPoint (defendant) for its network-monitoring software, believing the agreement entitled it to perpetual upgrades and unlimited support, which NextPoint disputed; iLAN sought summary judgment for specific performance enforcing its interpretation, and NextPoint cross-moved for partial summary judgment against specific performance as a remedy.
IssueFree
Whether goods are considered unique, such that specific performance is available, if they are practically replaceable on the open market.