Bucher & Gibbs Plow Co. v. International Harvester Co. of America

MOORMAN, Circuit Judge.

This is a suit at law to recover royalties alleged to be due under an agreement granting to defendant a license under United States reissue patent 13,163 to Frank B. Niesz, assign- or of plaintiff, to make and vend tandem . disc harrows. The patent was adjudged valid as between the parties in Bucher & Gibbs Plow Co. v. International Harvester Co. (D. C.) 211 F. 473. After that adjudication, the license agreement was entered into, which contains a covenant that forbids defendant’s questioning the validity of the patent in a proceeding of this kind. Defendant contends,…