Consolidated Packaging MacHinery Corporation v. Richard J. Kelly, Etc., Richard J. Kelly, Etc. v. International Paper Company

FINNEGAN, Circuit Judge.

For many years Thomas C. Kelly, now deceased, was a sales representative of plaintiff, Consolidated Packaging Machinery Corporation, a manufacturer and seller of packaging machinery Kelly designed, and on September 5, 1939 obtained United States Letters Patent No. 2,171,572 on a machine described as a cottoner (Cottoner or Kottoner) which inserted a wad of cotton into the neck of a bottle or jar. Subsequently plaintiff became the exclusive licensee of Kelly, as licensor, under an agreement dated December 12, 1939. For the right to manufacture and sell machines under…