Edward H. Green and Newman-Green, Inc. v. Aerosol Research Company

With regret, I find myself compelled to dissent. The opening clause of paragraph 12 of the 1962 settlement agreement conveyed rights only “under Green ’735.” Under paragraph 12(c), Newman-Green granted Aerosol a non-exclusive license under Green ’735. Under paragraph 12(b), Newman-Green covenanted not to sue Aerosol “for alleged infringement of Green ’735.”

Paragraph 13, provided that “Nothing herein [in the settlement agreement] shall be construed to grant to either of the parties, rights under any patents other than those specifically named here*795in * * Since this plain, unambiguous language…