Westinghouse Electric & Manufacturing Co. v. MacGregor

Opinion by

Me. Chief Justice Maxey,

Plaintiff sued the defendant for an accounting and payment of royalties alleged to he due under a patent license contract dated November 16, 1937. The defendant in his answer asked to have the contract declared illegal, the patent invalid, and as a counter-claim sought recovery both of the royalties which have been paid and of damages allegedly arising under federal law.

The basic question in this case is well stated by the plaintiff-appellee as follows: “Did the trial court err in its holding that where a licensor sues to recover accrued royalties under a…