E. R. Squibb & Sons v. Chemical Foundation, Inc.

SWAN, Circuit Judge.

This is an action to recover royalties paid by the plaintiff under patent licenses after the patents had expired. It was brought in a state court and removed to the District Court on the ground of diverse citizenship. A jury being waived, trial was had to the court upon stipulated facts. From a judgment for the plaintiff, the defendant has appealed. The appeal raises primarily questions of construction of the agreements by which the defendant licensed the plaintiff to manufacture, use and sell three patented chemical products of medicinal value, known as arsphenamine,…