Legal Opinion

Troxel Manufacturing Co. v. Schwinn Bicycle Co.

District Court, W.D. Tennessee

Decided November 22, 1971No. Civ. C-71-97PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION

BAILEY BROWN, Chief Judge.

In this diversity action, Troxel sues to recover royalty payments made by it to Schwinn on a patent that has been held to be invalid, and the matter is before us on Troxel’s motion for summary judgment.

Troxel entered into an agreement with Schwinn on June 1, 1967 under which Schwinn licensed to Troxel the non-exclusive right to manufacture and sell bicycle seats covered by Schwinn’s patent D-204,121 and under which Troxel was obligated to pay a royalty to Schwinn on each seat sold. The negotiation of this license agreement followed notice from…

2Cases cited9 opinions

  1. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
  2. Triplett v. LowellSupreme Court of the United States · 1936
  3. Drackett Chemical Co. v. Chamberlain Co.Court of Appeals for the Sixth Circuit · 1933
  4. Bull v. Logetronics, Inc.District Court, E.D. Virginia · 1971
  5. Bendix Corp. v. Balax, Inc.Court of Appeals for the Seventh Circuit · 1970

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
  2. Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976
  3. The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1972
  4. Zenith Laboratories, Inc. v. Carter-Wallace, Inc.District Court, D. New Jersey · 1974
  5. Bahamas Paper Co. v. Imperial Packaging Corp.District Court, S.D. New York · 1973

1 more not listed; retrieve them via the Exa API.

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