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TROXEL MANUFACTURING CO. v. SCHWINN BICYCLE CO.

Civ. No. C-71-97.

334 F.Supp. 1269 (1971)

The TROXEL MANUFACTURING COMPANY, Plaintiff, v. SCHWINN BICYCLE COMPANY, Defendant.

United States District Court, W. D. Tennessee, W. D.

November 22, 1971.

Attorney(s) appearing for the Case

John R. Walker, III, George E. Morrow, Martin, Tate, Morrow & Marston, C. Lee Welch, Memphis, Tenn., for plaintiff.

Walter P. Armstrong, Jr., Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, Tenn., Malcolm McCaleb, Horton, Davis, McCaleb & Lucas, William E. Lucas, Chicago, Ill., for defendant.

MEMORANDUM DECISION

BAILEY BROWN, Chief Judge.

In this diversity action, Troxel sues to recover royalty payments made by it to Schwinn on a patent that has been held to be invalid, and the matter is before us on Troxel's motion for summary judgment.

Troxel entered into an agreement with Schwinn on June 1, 1967 under which Schwinn licensed to Troxel the non-exclusive right to manufacture and sell bicycle seats covered by Schwinn's patent D-204,121...

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