Legal Opinion
PPG Industries, Inc. v. Westwood Chemical, Inc.
Court of Appeals for the Sixth Circuit
Decided February 18, 1976No. Nos. 75-1714, 75-1715PublishedCited by 16 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
As of what date does the liability of a patent licensee for royalties under an invalid patent terminate pursuant to Lear v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1968)? This recurring question is presented on the present appeal under a factual situation that differs somewhat from those involved in other decisions of this court dealing with this issue.
Ordinarily, liability would terminate as of the date the licensee ceases the payment of royalties for the purpose of prompting an early adjudication of the invalidity of the patent. However, under the facts…
2Cases cited11 opinions
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
- The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1972
- Drackett Chemical Co. v. Chamberlain Co.Court of Appeals for the Sixth Circuit · 1933
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Warner-Jenkinson Company, and H. Kohnstamm & Company, Inc., Plaintiffs v. Allied Chemical CorporationCourt of Appeals for the Second Circuit · 1977
- American Sterilizer Company, in No. 79-1445 v. Sybron Corporation and Castle Company, a Division of Sybron Corporation, in No. 79-1446Court of Appeals for the Third Circuit · 1980
- Bristol Locknut Company, Plaintiff/appellee/cross-Appellant v. Sps Technologies, Inc., Defendant/appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1982
- Span-Deck, Inc., a Tennessee Corporation v. Fab-Con, Incorporated, a Minnesota Corporation and Rauenhorst Corporation, Aminnesota CorporationCourt of Appeals for the Eighth Circuit · 1982
- Lula Belle Hull, of the Estate of R.D. Hull, Deceased, M.H. Parry, and H.A. Binford v. Brunswick CorporationCourt of Appeals for the Tenth Circuit · 1983
11 more not listed; retrieve them via the Exa API.