PARK-IN THEATRES v. PARAMOUNT-RICHARDS THEATRES

Civ. A. No. 1072.

81 F.Supp. 466 (1948)

PARK-IN THEATRES, Inc. v. PARAMOUNT-RICHARDS THEATRES, Inc., et al.

United States District Court D. Delaware.

December 8, 1948.


Attorney(s) appearing for the Case

Arthur G. Connolly, of Wilmington, Del., and Leonard L. Kalish, of Philadelphia, Pa., for plaintiff.

William S. Potter, of Southerland, Berl & Potter, of Wilmington, Del., Charles R. Fenwick, of Washington, D. C., and Gibbons Burke, of New Orleans, La., for the defendants.


RODNEY, District Judge.

This matter arises upon a motion by defendants under Rule 12(b) (6)1 to dismiss the patentee's complaint, which alleges two causes of action. The first cause of action is for an accounting for royalties under a patent license agreement and the second and alternative cause of action is based upon an infringement of the patent in case the defendants claim their actions have not been had pursuant to the patent license...

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