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SCHERR v. DIFCO LABORATORIES, INC.

No. 18004.

401 F.2d 443 (1968)

George H. SCHERR, Plaintiff-Appellee, v. DIFCO LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

October 3, 1968.

Attorney(s) appearing for the Case

Arthur Raisch, Detroit, Mich., for appellant; Barnes, Kisselle, Raisch & Choate, Detroit, Mich., on brief.

Don K. Harness, Detroit, Mich., for appellee; Robert L. Boynton, Harness, Dickey & Pierce, Detroit, Mich., on brief.

Before WEICK, Chief Judge, CELEBREZZE, Circuit Judge, and CECIL, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

This diversity action was brought to recover royalty payments allegedly due under a patent licensing agreement. Scherr, Plaintiff-Appellee, granted a nonexclusive license under United States Patent 24,557 to Difco Laboratories, Inc., Defendant-Appellant, to make, use, and sell a certain licensed product. When Difco failed to pay the royalties specified in the agreement or to account for sales of the licensed product as provided in the agreement...

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