American Optical Co. v. New Jersey Optical Co.

SWEENEY, District Judge.

This is a motion for summary judgment dismissing the plaintiff’s complaint. The original action was brought by the American Optical Company in the Municipal Court of the City of Boston to recover unpaid royalties under certain patent license and sublicense agreements. The defendant, after removal of the cause to this Court because of diversity of citizenship, interposed an answer denying liability for the royalties on the ground that the agreements were invalid as part of a conspiracy unlawfully to monopolize and restrain trade in violation of the Sherman AntiTrust…