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DEERING MILLIKEN RESEARCH CORP. v. LEESONA CORP.

Civ. A. No. 18211.

201 F.Supp. 776 (1962)

DEERING MILLIKEN RESEARCH CORPORATION, Plaintiff, Warren A. Seem, Nicholas J. Stoddard, Frederick Tecce and Harold P. Berger, copartners trading as The Permatwist Company, Intervenor, v. LEESONA CORPORATION, Defendant.

United States District Court E. D. New York.

January 9, 1962.

Attorney(s) appearing for the Case

Brumbaugh, Free, Graves & Donohue, New York City, for plaintiff. Granville M. Brumbaugh, James N. Buckner, Richard A. Lochner, New York City, of counsel.

Robert F. Conrad, Watson, Cole, Grindle & Watson, Washington, D. C., for defendant. Debevoise, Plimpton & McLean, New York City, of counsel.

Herman Goldman, New York City, William J. Fuchs and Obermayer, Rebmann, Maxwell and Hippel, Philadelphia, Pa., for The Permatwist Company.

BYERS, District Judge.

Decision here is required concerning the legal effect to be given to a grant-back provision embodied in a written license to Leesona Corporation, defendant, to make and sell certain inventions. Plaintiff was the licensor and defendant the licensee, the date of the contract being November 23, 1954.

The position of the intervenor, The Permatwist Company, will be the subject of separate comment.

The parties will be referred to as...

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