Atlas Chemical Industries, Inc. v. Moraine Products, Inc.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This is the continuation of an action filed by the licensee of Patent No. 3,422,-189. Last year this court declared the patent to be invalid for prior use. 350 F. Supp. 353 (E.D.Mich.1972). Costs and expenses were awarded to the defendant in prosecuting the patent since January 1963, in prosecuting interference proceedings since January 1963, and in defending the patent against alleged infringers. The defendant was also awarded royalties from the date of termination of the payment of royalties to October 27, 1972, the date of this court’s…