Standard Appliance Co. v. Standard Equipment Co.

DENISON, Circuit Judge,

The plaintiff in error (also plaintiff below) owned a patent covering a compressed air motor. It entered *457into a license contract with the defendant below as licensee. This gave an exclusive license for the 15-year remaining term of the patent, and fixed the license fee per unit. It did not contain any express promise to manufacture or pay royalty upon any fixed number of motors at any time (save by a limited preliminary provision to this effect, which has become immaterial). It did not expressly provide for any forfeiture by the licensee in case of nonmanufacture or…