Glen Mfg. Inc., and Cross-Appellee v. Perfect Fit Industries, Inc., and Cross-Appellant

FEINBERG, Circuit Judge:

Appellant Glen Mfg. Inc. (“Glen”) sued Perfect Fit Industries, Inc. (“Perfect Fit”) in the United States District Court for the Southern District of New York for breach of a licensing agreement covering the manufacture, use and sale of toilet tank covers, and for an accounting of royalties due. Following a non-jury trial before Richard H. Lev-et, J., on the issue of liability, the judge found that Glen’s licensing agreement amounted to patent misuse because it called for royalties on all toilet tank covers sold by Perfect Fit instead of only on those coming within the…