Leviton Manufacturing Co. v. Pass & Seymour, Inc.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Before me is plaintiff Levitón Manufacturing Co., Inc.’s (“Levitón”) motion for judgment on the pleadings as to defendant Pass & Seymour’s (“P & S”) affirmative defense of patent misuse in this breach of contract action with underlying patent infringement issues. The primary questions on the motion are (a) whether a settlement and licensing agreement between the parties arising from a prior litigation precludes defendant from asserting the defense of patent misuse in this action; and (b) if it does not, whether res judicata nevertheless bars…