Henry J. Modrey v. American Gage & MacHine Company

OAKES, Circuit Judge:

This appeal is from a summary judgment granted to a patent licensor against his licensee in a suit for the second payment allegedly due under the license agreement. That license agreement has now been terminated. Out of the usual maze of claims, counterclaims, and cross claims which patent litigation so frequently entails emerges one central question. The question is whether the district court was correct in concluding that no triable issue of fact is raised by appellant’s contention that under the terms of the license agreement, which was executed before the patent…