Legal Opinion

K-W Ignition Co. v. Unit Coil Co.

Ohio Supreme Court

Decided December 7, 1915No. 14752Published

Error to the Court of Appeals of Cuyahoga county. The Unit Coil Company was the owner of two separate letters patent, one for an electric igniter and another for an induction coil. The Ignition Company, desiring to acquire rights under such patents, on February 20, 1912, entered into a license agreement with the Coil Company.

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Error to the Court of Appeals of Cuyahoga county. The Unit Coil Company was the owner of two separate letters patent, one for an electric igniter and another for an induction coil. The Ignition Company, desiring to acquire rights under such patents, on February 20, 1912, entered into a license agreement with the Coil Company. This license agreement recited that, subject to three outstanding licenses granted to other corporations, it was the owner of said patents, and granted the right of manufacture, use and sale to the Ignition Company. The licensee was given the right to prosecute suits for…

1Opinion of the CourtJones, J.

In this court the chief reliance of the plaintiff in error is that the court of appeals committed error in refusing to admit testimony in support of the second- and third defenses in the defendant’s answer, and further that, upon the conceded facts in the case, the judgment should be in its favor for the reason that, by the notice of March 28, 1912, the license contract was at an end under the provisions thereof, and that it is thereby relieved from any further obligation to pay royalties according to its terms.

The license agreement provided that the licensee was to furnish an accounting on…

2Cases cited6 opinions

  1. Excelsior Wooden Pipe Co. v. Pacific Bridge Co.Supreme Court of the United States · 1902
  2. Dale Tile Manufacturing Co. v. HyattSupreme Court of the United States · 1888
  3. Eureka Company v. Bailey CompanySupreme Court of the United States · 1871
  4. Marston v. . SwettNew York Court of Appeals · 1880
  5. Nicholson v. PimOhio Supreme Court · 1855

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