HALL LABORATORIES, INC. v. NATIONAL ALUMINATE CORP.

No. 11343.

224 F.2d 303 (1955)

HALL LABORATORIES, INCORPORATED, The Buromin Company, Calgon, Incorporated, and Hagan Corporation, Appellants, v. NATIONAL ALUMINATE CORPORATION.

United States Court of Appeals Third Circuit.

Decided June 22, 1955.

Rehearing Denied August 8, 1955.


Attorney(s) appearing for the Case

Walter J. Blenko, Pittsburgh, Pa., Richards, Layton & Finger, Blenko, Hoopes, Leonard & Buell, James K. Everhart, Jr., Eugene F. Buell, Pittsburgh, Pa. (Aaron Finger, Wilmington, Del., on the brief), for plaintiffs-appellants.

John T. Chadwell, Chicago, Ill. (Arthur G. Connolly, Wilmington, Del., Richard L. Johnston, Victor P. Kayser, Chicago, Ill., on the brief), for defendant-appellee.

Before BIGGS, Chief Judge, and MARIS and KALODNER, Circuit Judges.


KALODNER, Circuit Judge.

This is an appeal from the judgment of the District Court for the District of Delaware dismissing the plaintiffs' complaint with prejudice and directing the payment to defendant of royalties, under a license agreement, which had been deposited in the registry of the Court.

The issue to be determined is whether the plaintiffs, in the circumstances of this case, are free to litigate the validity of a patent as to which they are licensees...

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