Unique Balance Co. v. Abraham De Vries

EDWARD P. MURPHY, District Judge.

Plaintiff here is an Illinois corporation, and defendant Abraham de Vries a citizen of California. If the allegations of the complaint be taken as true, the following events occurred:

Early in 1948 the parties entered into a written license agreement which provided that in return for royalty payments to be made to defendant, plaintiff was granted exclusive rights to manufacture and sell certain devices covered by defendant’s patent applications. The royalties were to be calculated on the basis of the volume of plaintiff’s production, and plaintiff was itself to…