Legal Opinion
Xco International Inc., Plaintiff-Appellant/cross-Appellee v. Pacific Scientific Company, Defendant-Appellee/cross-Appellant
Court of Appeals for the Seventh Circuit
Decided June 24, 2004No. 03-1683, 03-1825 and 03-2405PublishedCited by 45 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The appeal in this diversity breach of contract suit governed mainly by Illinois law presents issues involving the enforceability of a liquidated damages clause (found by the district judge to be a penalty), contract interpretation, patent law, and sanctions for making frivolous claims.
The plaintiff, XCO, owned U.S. and foreign (mainly European) patents on heat-sensitive cables. In 1991 it assigned the patents to the defendant, PacSci, which wanted to use them in making products for fire control and related uses. PacSci agreed to pay XCO $725,000 down, plus $100,000 or 5…
2Cases cited44 opinions
- Warner-Jenkinson Co. v. Hilton Davis Chemical Co.Supreme Court of the United States · 1997
- Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Cramer v. Insurance Exchange AgencyIllinois Supreme Court · 1996
- Dan Beraha, M.D. v. Baxter Health Care CorporationCourt of Appeals for the Seventh Circuit · 1992
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3Cited by45 opinions
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Jameson Realty Group v. KostinerAppellate Court of Illinois · 2004
- John Hancock Life Insurance Co. v. Abbott LaboratoriesCourt of Appeals for the First Circuit · 2017
- In Re AE Hotel VentureUnited States Bankruptcy Court, N.D. Illinois · 2005
- Cummings Properties, LLC v. National Communications Corp.Massachusetts Supreme Judicial Court · 2007
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