Eastman Kodak Co. v. GAP Corp.

Motion to strike Appendix A of defendant’s reply brief granted. Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff sues defendant in contract to recover royalties allegedly due pursuant to several licensing agreements permitting use of various products and processes owned and patented by plaintiff. Relevant to this appeal are two affirmative defenses dismissed by Special Term. The first affirmative defense alleges that the patent license agreements are unenforceable because of plaintiff’s monopolization of relevant…