BECKMAN INSTRUMENTS, INC. v. TECHNICAL DEVELOP. CORP.

Nos. 17835, 17836.

433 F.2d 55 (1970)

BECKMAN INSTRUMENTS, INC., Plaintiff-Appellant (Cross-Appellee), v. TECHNICAL DEVELOPMENT CORPORATION and Franklin F. Offner, Defendants-Appellees (Cross-Appellants).

United States Court of Appeals, Seventh Circuit.

Rehearing Denied October 13, 1970.


Attorney(s) appearing for the Case

M. Hudson Rathburn, Sheldon Karon, Chicago, Ill., for Beckman Instruments.

Myron Lieberman, Edward A. Haight, Chicago, Ill., for Technical Development.

Before SWYGERT, Chief Judge, and CUMMINGS and PELL, Circuit Judges.


SWYGERT, Chief Judge.

This appeal presents important issues concerning the doctrines of patent misuse and licensee estoppel. A statement of the facts is necessary before further elaboration and examination of these issues.

Technical Development Corporation is the exclusive licensee of certain patent rights owned by Franklin F. Offner. On August 8, 1961 Technical entered into a "package" sublicense agreement with Beckman Instruments, Inc. The agreement grants...

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