Columbus Automotive Corporation v. Oldberg Manufacturing Company

Plaintiff-Appellant Columbus Automotive Corporation sued Defendant-Appellee Oldberg Manufacturing' Company for a declaratory judgment decreeing that, by virtue of a 1962 letter agreement with Heckethorn Manufacturing and Supply Company (Oldberg’s corporate predecessor), Columbus was entitled to a one percent royalty on the sale of two-tube automotive shock absorbers. Columbus also sought an accounting for the accrued royalties and a judgment for the amount shown by the accounting to be due. In a written opinion Judge Doyle sustained Oldberg’s affirmative defense of patent misuse and dismissed…