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BUCKY v. SEBO

No. 80, Docket 22820.

208 F.2d 304 (1953)

BUCKY et al. v. SEBO et al.

United States Court of Appeals Second Circuit.

Decided November 18, 1953.

Attorney(s) appearing for the Case

Paul Kolisch, New York City, for plaintiffs-appellees.

Emanuel R. Posnack, New York City (Jonas J. Shapiro and Janet Perlman, New York City, of counsel), for defendants-appellants.

Before CHASE, Chief Judge, and CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

An agreement between plaintiffs and defendant Sebo, dated December 4, 1944, gave Sebo an exclusive license under plaintiffs' patents Nos. 2,239,379 and 2,292,044, relative to cameras. The agreement provided that the licensee should never contest validity and would not infringe or aid others to infringe; it also provided that, if the licensee made default in the payment of agreed royalties and failed to remedy the default within fifteen days after...

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