ARVIN INDUSTRIES, INC. v. BERNS AIR KING CORPORATION

No. 74-1078.

510 F.2d 1070 (1975)

ARVIN INDUSTRIES, INC., Plaintiff-Appellee, v. BERNS AIR KING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1975.


Attorney(s) appearing for the Case

Norman Lettvin, Chicago, Ill., for defendant-appellant.

Jack W. Hanley, Indianapolis, Ind., Gerald D. Hosier, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD and TONE, Circuit Judges, and GRANT, Senior District Judge.


TONE, Circuit Judge.

The single question we reach in this opinion is whether there is federal jurisdiction under 28 U.S.C. § 1338(a) over an action by a patent licensor against his licensee for infringement, when the license agreement is shown by the complaint to be in effect and the wrongful conduct alleged is refusal to pay royalties.

A prior action between the parties for infringement of the same patent was...

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