Shaw v. E. I. DuPont De Nemours & Co.

Holden, G. J.

This action in contract is based on a patent license agreement between the plaintiff Gilbert Shaw and the defendant. The licensing contract contained, among other things, a promise designed to protect the plaintiff Polymers, Inc. under a license previously issued to that corporation by the plaintiff Shaw. It is with this aspect of the defendant’s undertaking that we are principally concerned.

The defendant challenged the plaintiffs’ complaint in this respect contending that it fails to state a cause of action. The question was raised in a motion to dismiss heard by the court…