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ELGIN NAT. WATCH CO. v. BULOVA WATCH CO.

281 A.D. 219 (1953)

Elgin National Watch Company, Respondent, v. Bulova Watch Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 8, 1953.

Attorney(s) appearing for the Case

Albert R. Connelly of counsel (Edward C. Perkins with him on the brief; Sanford H. Cohen, attorney), for appellant.

Edward C. McLean of counsel (Daniel W. West with him on the brief; Debevoise, Plimpton & McLean, attorneys), for respondent.

COHN, CALLAHAN and VAN VOORHIS, JJ., concur.

PECK, P. J.

This is an action by a patentee against its licensee for minimum royalties payable under a nonexclusive licensing agreement. The licensee has never employed the invention and has repudiated the agreement and resists the claim to minimum royalties accruing after repudiation upon the assigned ground of invalidity of the patent. The defense is incorporated in a plea of failure of consideration, which...

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