Joseph B. Filger v. Plax Corporation

This is an appeal from a judgment of the District Court dismissing plaintiff’s 1 complaint and amended complaint which stated an action for royalties alleged to be due upon sales of a plastic squeeze bottle dispenser. Plaintiff, owner of a patent for such a dispenser, and defendant, a manufacturer of plastic bottles, had agreed May 6, 1952, as follows:

“In consideration of a promise by Plax to pay to Filger a royalty of One and One-Half Cents ($.015) for each complete dispenser unit for nose drops or the like identical or substantially identical with that dis closed by Filger’s United States…