Malcolm R. Wommack v. Durham Pecan Company, Inc.

GEE, Circuit Judge:

This patent infringement action has been brought by the inventor of a patented process against his former employer requesting reasonable royalties for the employer’s use of the process in his plant. The employer admits that he used the process and he neither contests the validity of plaintiff’s patent nor asserts any right to receive assignment of the patent arising from the contract of employment. Instead, the employer claims he had acquired a shop right or implied license to use the process and he therefore owes plaintiff nothing. We agree with the employer’s position and…