Wilcolator Co. v. Robertshaw Thermostat Co.

GIBSON, District Judge.

The plaintiff seeks to recover royalties which it alleges are due under a patent license agreement. In the agreement defendant was authorized to use Patent No. 1,978,362, and applications for patents Nos. 575,525 and 650,255. The patent and applications relate to a thermostatic regulator of the hydraulic type.

The defendant admits the agreement, and that it has been, and still is, making thermostats covered by the patent and applications and marking them as so covered, but denies liability under the terms of the agreement. Upon trial it advanced defenses under three…