Sterling Drug, Inc. v. City Bank Farmers Trust Co.

Wolcott, Justice:

This is an appeal from an order of the Vice-Chancellor denying the defendants’ motion for summary judgment.

The action is for an accounting of royalties due the plaintiff. The plaintiff,1 the owner of a patent for a cleansing substance for sensitive skin, granted the defendants an exclusive license of the patent. The license agreement provided for the payment to the plaintiff annually oí 5% of the net receipts of all sales made by defendants of the licensed product, provided, however, that no royalties, with the exception of a minimum annual royalty of $3,000, would be due the…