Selectmetrics, Inc. v. Netratings, Inc.

*646 MEMORANDUM **

SelectMetrics, Inc. (“SelectMetrics”) appeals the district court’s summary judgment ruling in favor of NetRatings, Inc. (“NetRatings”) that dismissed the case. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court ruled that (1) NetRat-ings breached the parties’ contract by failing to use its best efforts to market Select-Metrics’ software in China and (2) despite NetRatings’ breach, NetRatings owed Se-lectMetrics no royalties under the contract, the only allowable damages in the case.

We review the district court’s grant of summary judgment de novo. See Laws v. Sony Music Entertainment, Inc., 448 F.3d 1134, 1137 (9th Cir.2006), cert. denied, — U.S.-, 127 S.Ct. 1371 , 167 L.Ed.2d 159 (2007) (citing Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004)). Summary judgment may be affirmed on any ground supported by the record. Id. Also, the interpretation of a contract is a question of law, reviewed de novo by this Court. Kassbaum v. Steppenwolf Productions, Inc., 236 F.3d 487, 490 (9th Cir.2000), cert. denied, 534 U.S. 815 , 122 S.Ct. 41 , 151 L.Ed.2d 13 (2001).

Here, the district court conducted the correct analysis in determining that…