Legal Opinion

The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-Appellee

Court of Appeals for the Sixth Circuit

Decided August 11, 1972No. 72-1106, 72-1107PublishedCited by 56 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

This is an appeal from a decision granting summary judgment to a patent licensee in an action for the recovery of royalties paid under the license agreement. The case requires an interpretation of Lear, Inc. v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1969). The opinion of the District Court is reported at 334 F.Supp. 1269. We reverse. 1

Schwinn Bicycle Company is the as-signee of a design patent for a bicycle seat issued to Frank Brilando in 1966. In mid-1967, following notice of infringement, Schwinn and Troxel Manufacturing Company entered into a…

2Cases cited16 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  3. Cohens v. VirginiaSupreme Court of the United States · 1821
  4. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  5. Lear, Inc. v. AdkinsSupreme Court of the United States · 1969

11 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Novametrix Medical Systems, Inc. v. BOC Group, Inc.Supreme Court of Connecticut · 1992
  2. Paul Moore v. City of Paducah Mayor John Penrod Joe Viterisi, Harold Ford, Robert Coleman, and Joe Flynn, Commissioners Robert E. GreenCourt of Appeals for the Sixth Circuit · 1986
  3. Panduit Corp. v. Stahlin Bros. Fibre Works, Inc.Court of Appeals for the Sixth Circuit · 1978
  4. The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
  5. Zenith Laboratories, Inc., on Behalf of Itself and All Others Similarly Situated v. Carter-Wallace, IncCourt of Appeals for the Third Circuit · 1976

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