Legal Opinion

Components, Inc. v. Western Electric Company

Supreme Court of Delaware

Decided May 15, 1970PublishedCited by 3 opinions

1Opinion of the Court

WOLCOTT, Chief Justice.

This is an appeal from the denial of defendant’s motion to dismiss the complaint under Chancery Rule 12(b) (6), Del.C. Ann. for failure to state a claim.

On June 27, 1960, Western and Components entered into a patent license agreement. The agreement granted to Components a nonexclusive license to make and sell solid electrolytic capacitors under Western’s patents. Components agreed to pay royalties of 4.5% of the net selling price of capacitors manufactured by Components under Western’s patents. By letter in December, 1963, Western voluntarily reduced the royalty due…

2Cases cited5 opinions

  1. Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
  2. Westinghouse Electric Corporation v. Bulldog Electric Products CoCourt of Appeals for the Fourth Circuit · 1950
  3. Hirzel v. SilkerSupreme Court of Delaware · 1930
  4. Griffin Wellpoint Corporation v. Munro-Langstroth, Inc.Court of Appeals for the First Circuit · 1959
  5. Thompson v. WillsonNew York Supreme Court · 1944

3Cited by3 opinions

  1. Baio v. Commercial Union InsuranceSupreme Court of Delaware · 1979
  2. Pepsi-Cola Bottling Co. of Asbury Park v. Pepsico, Inc.Court of Chancery of Delaware · 1971
  3. Baio v. Commercial Union InsuranceSupreme Court of Delaware · 1979

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