Legal Opinion
Warner-Jenkinson Company, and H. Kohnstamm & Company, Inc., Plaintiffs v. Allied Chemical Corporation
Court of Appeals for the Second Circuit
Decided April 13, 1977No. 503, Docket 76-7435PublishedCited by 57 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
Warner-Jenkinson Company and H. Kohnstamm & Company, Inc. appeal from an August 13, 1976 judgment by Judge Frankel of the Southern District, who dismissed their action for invalidation of patents owned by Allied Chemical Corporation and ordered the payment to Allied of royalties which had been withheld pendente lite. Judge Frankel held that the appellants, who entered into a licensing agreement with the defendant as part of a settlement of earlier litigation, were thereby barred during the period when the agreement was not terminable by the licensees from seeking…
2Cases cited19 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- The Aro Corporation v. Allied Witan CompanyCourt of Appeals for the Sixth Circuit · 1976
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3Cited by57 opinions
- Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
- Starter Corporation, Plaintiff-Counter-Defendant-Appellant v. Converse, Inc., Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 1999
- C.R. Bard, Inc. v. Boris SchwartzCourt of Appeals for the Federal Circuit · 1983
- Stop the Olympic Prison v. United States Olympic CommitteeDistrict Court, S.D. New York · 1980
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