Legal Opinion

Phillips Screw Co. v. Amtel, Inc.

District Court, D. Massachusetts

Decided September 19, 1978No. Civ. A. 74-4523-SPublishedCited by 1 opinion

1Opinion of the Court

FINDINGS, RULINGS AND ORDER FOR JUDGMENT. SKINNER, District Judge.

In this action, plaintiff seeks a declaratory judgment that it is not liable for further royalty payments under a patent license agreement and recovery of alleged overpayments made under a mistake .of law. Defendant has counterclaimed for unpaid patent royalties and for an accounting of alleged trademark royalties which it claims are due under the same agreement.

FINDINGS OF FACT

Plaintiff is engaged in research and design of metal fastenings. It does not manufacture, but licenses its inventions to manufacturers. Its principal…

2Cases cited6 opinions

  1. Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
  2. Brulotte v. Thys Co.Supreme Court of the United States · 1964
  3. Council v. CohenMassachusetts Supreme Judicial Court · 1939
  4. Hinckley v. Town of BarnstableMassachusetts Supreme Judicial Court · 1942
  5. American Cone & Wafer Co. v. Consolidated Wafer Co.Court of Appeals for the Second Circuit · 1917

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3Cited by1 opinion

  1. William J Green v. W. Z. Jenkins IIDistrict Court, C.D. California · 2021

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