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AMERICAN STERILIZER CO. v. SYBRON CORP.

Nos. 75-1305, 75-1306.

526 F.2d 542 (1975)

AMERICAN STERILIZER COMPANY, Appellant in No. 75-1305, v. SYBRON CORPORATION and CASTLE COMPANY, a Division of Sybron Corporation, Appellants in No. 75-1306.

United States Court of Appeals, Third Circuit.

Decided November 7, 1975.

Attorney(s) appearing for the Case

John F. Potter, Erie, Pa., Paul T. O'Neil, Raymond N. Baker, Washington, D.C., for American Sterilizer Co.; Thomas R. Boland, Shanley, O'Neil & Baker, Washington, D.C., MacDonald, Illig, Jones & Britton, Erie, Pa., of counsel.

John G. Gent, Erie, Pa., John R. Schovee, Rochester, N. Y., for Sybron Corp. and Castle Co.; Schovee & Boston, P. C., Rochester, N. Y., Quinn, Gent, Busick & Leemhuis, Erie, Pa., of counsel.

GARTH, Circuit Judge.

May a patent licensee challenge the scope and validity of the underlying patent without first terminating its license agreement? The district court answered this question in the negative by holding that the licensee's failure to exercise the termination provision in the agreement prevented an attack upon the underlying patent. We reverse, holding that Lear, Inc. v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23...

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