Legal Opinion
CMS Industries, Inc. v. L. P. S. International, Ltd.
Court of Appeals for the Fifth Circuit
Decided April 22, 1981No. 79-3893PublishedCited by 11 opinions
1Opinion of the Court
MARKEY, Chief Judge:
SEE International, Inc. and Sam C. Evans (collectively, SEE) appeal from a judgment that Elmer Whitaker (Whitaker) is entitled to royalties from Minnesota Mining and Manufacturing Company (3M), under a license to make, use, and sell anti-theft systems covered by six patents.1 We affirm.
Background
In 1969 SEE, owner of the involved patents, concluded a license agreement with 3M.2 In Article II of that agreement, SEE purported to grant to 3M “an exclusive license and right to license others ... throughout the world.” That grant, however, was made subject to a “retention by…
2Cases cited7 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Wheeler v. American Home Products Corp.Court of Appeals for the Fifth Circuit · 1977
- Merck & Co. v. SmithCourt of Appeals for the Third Circuit · 1958
- G. H. Craddock, D/B/A Southern Heat Pump Company v. Greenhut Construction Company, Inc.Court of Appeals for the Fifth Circuit · 1970
- Walter H. Etherington v. S. M. Hardee, D/B/A Hardee Tool CompanyCourt of Appeals for the Fifth Circuit · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Minco, Inc., Plaintiff/cross-Appellant v. Combustion Engineering, Inc.Court of Appeals for the Federal Circuit · 1996
- Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982
- Continental Casualty Co. v. Synalloy Corp.District Court, S.D. Georgia · 1983
- McLendon v. Georgia Kaolin Co., Inc.District Court, M.D. Georgia · 1993
- Maruzen International, Co. v. Bridgeport Merchandise, Inc.District Court, S.D. New York · 1991
6 more not listed; retrieve them via the Exa API.