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HAZELTINE RESEARCH CORP. v. FREED-EISEMANN RADIO CORP.

No. 1485.

3 F.2d 172 (1924)

HAZELTINE RESEARCH CORPORATION et al. v. FREED-EISEMANN RADIO CORPORATION.

District Court, E. D. New York.

September 3, 1924.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (H. Bartow Farr, William H. Davis, and Nathan L. Miller, all of New York City, of counsel), for plaintiffs.

Koenig, Sittenfield & Aranow, of New York City (Frank Aranow, Almet F. Jenks, and Walter C. Noyes, all of New York City, of counsel), for defendant.

INCH, District Judge.

This is an action in equity. Plaintiff asserts that a certain written sublicense contract should be canceled. The defendant asserts that this contract should not be canceled, but should be reformed as to a certain clause therein, wherein defendant promises to pay a royalty of 6 per cent. on each set manufactured and sold by it. Defendant wants to pay 6 per cent. on patented parts thereof only.

The validity of the Hazeltine patents in...

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