BJM, INC. v. Melport Corp.

MEMORANDUM OPINION

HEYBURN, District Judge.

This breach of contract case is before the Court on the motion of Plaintiff BJM, Inc. Wa Bluegrass Electronics, Inc. (“BJM”) for partial summary judgment on its claims against Schmitt Industries, Inc. (“Schmitt”) and its president, Wayne A. Case (“Case”). Defendants removed to federal court based upon diversity jurisdiction. The case concerns the duration of royalty payments under a patent license agreement which provides that it “shall continue until the last of the Patents expires.”

I

On May 1, 1991, BJM, a manufacturer of electronic security…