Legal Opinion

Transitron Electronic Corporation v. Hughes Aircraft Company, Transitron Electronic Corporation v. Hughes Aircraft Company

Court of Appeals for the First Circuit

Decided April 15, 1981No. 80-1234, 80-1235PublishedCited by 18 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

This ease requires us to explore the kind of showing a patent licensee needs to make in order to recover royalties already paid under a license agreement when the patent itself is subsequently declared invalid. The main appeal is brought by Transitron Electronic Corporation from a judgment rendered by the district court in favor of Hughes Aircraft Company, the defendant in Transitron’s action for restitution and damages arising out of a patent licensing agreement.

I. Background

On March 31,1950, Hughes filed a patent application for a “glass-sealed…

2Cases cited33 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
  5. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974

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3Cited by18 opinions

  1. Novametrix Medical Systems, Inc. v. BOC Group, Inc.Supreme Court of Connecticut · 1992
  2. Cvd, Incorporated v. Raytheon Company, and Third-PartyCourt of Appeals for the First Circuit · 1985
  3. Fund of Funds, Ltd. v. Arthur Andersen & Co.District Court, S.D. New York · 1982
  4. Usm Corporation v. Sps Technologies, Inc.Court of Appeals for the Seventh Circuit · 1982
  5. Digital Equipment Corporation v. Sidney A. Diamond, Etc.Court of Appeals for the First Circuit · 1981

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