Kinatome Patents Corp. v. Herman A. De Vry, Inc.

LEIBELL, District Judge.

■This is a motion to punish the defendant for a contempt of court for failing to comply with the terms of a consent decree in a suit for patent infringement. The consent decree, dated July 22, 1938, is annexed to the motion papers. It contains in the injunctive paragraph a limiting clause — “except as heretofore licensed”. No copy of the license agreement was annexed to the motion papers. Concerning the license agreement, the moving affidavit of plaintiff’s president states:

“That, as referred to in said decree, the defendant, by written license dated June 15, 1938, did…