Searle Analytic Inc. v. Ohio-Nuclear, Inc.

MEMORANDUM OPINION AND ORDER

KIRKLAND, District Judge.

This cause comes before the court on plaintiff's motion for summary judgment. The action is brought by Searle Analytic Inc. (“Searle”) against Ohio-Nuclear, Inc. (“Ohio”) to recover royalties allegedly due Searle pursuant to a patent licensing contract. Ohio defends on grounds that two contractual provisions of the licensing agreement relieved it from any obligation to pay during the period royalties were withheld. Other defenses earlier asserted by Ohio have been rendered moot, hence the court does not deal with them here.

Defendant first…