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F. C. RUSSELL COMPANY v. CONSUMERS INSULATION COMPANY

No. 11518.

226 F.2d 373 (1955)

The F. C. RUSSELL COMPANY, Appellant, v. CONSUMERS INSULATION COMPANY.

United States Court of Appeals Third Circuit.

Decided October 18, 1955.

Attorney(s) appearing for the Case

William C. McCoy, Cleveland, Ohio (McCoy, Greene & TeGrotenhuis, Cleveland, Ohio, William L. Dill, Jr., Stryker, Tams & Horner, Newark, N. J., Frank S. Greene, William C. McCoy, Jr., McCoy, Greene & TeGrotenhuis, Cleveland, Ohio, of counsel, on the brief), for plaintiff-appellant.

Maxwell James, New York City (Benjamin Stadtmauer, Garfield, N. J., on the brief), for defendant-appellee.

Before BIGGS, Chief Judge, and GOODRICH and McLAUGHLIN, Circuit Judges.

BIGGS, Chief Judge.

Russell sued Consumers, alleging infringement of United States Letters Patent No. 2,262,670 and seeking damages and an accounting. Consumers answered, denying infringement and the validity of Russell's patent, and also asserted misuse of the patent by Russell. Both Russell and Consumers stipulated that if Consumers prevailed on its defense of misuse, Russell should grant Consumers an irrevocable, royalty-free, non-exclusive, non-assignable license...

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