Tas Distributing Company, Incorporated v. Cummins Engine Company, Incorporated

RIPPLE, Circuit Judge.

This ease arises out of an agreement between TAS Distributing Company, Inc. (“TAS”) and Cummins Engine Company, Inc. (“Cummins”). In that agreement, TAS granted Cummins a co-exclusive license to use its idle-eontrol technology for heavy-duty truck engines. The agreements required Cummins to “make all reasonable efforts to market and sell” the licensed products in an effort to maximize royalties payable to TAS. TAS, believing that Cummins was not making “all reasonable efforts,” filed this action in the Central District of Illinois. The complaint set forth twelve counts,…