Permanence Corp. v. Kennametal, Inc.

MEMORANDUM OPINION

RALPH M. FREEMAN, District Judge.

Before the court is defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). In this diversity action, plaintiff seeks damages for the breach of an implied obligation of a licensing agreement. Plaintiffs complaint includes the following averments:

4. On the 8th day of February, 1979, the parties hereto did enter into a written agreement, ..., whereby plaintiff PERMANENCE did assign to defendant KENNAMETAL the non-exclusive rights to manufacture and sell products made from, and pursuant to, certain patents as…