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PPG INDUSTRIES, INC. v. WESTWOOD CHEMICAL, INC.

Nos. 75-1714, 75-1715.

530 F.2d 700 (1976)

PPG INDUSTRIES, INC., Plaintiff-Appellant, v. WESTWOOD CHEMICAL, INC., and Eastwood Chemical, Inc., Defendants-Appellees. PPG INDUSTRIES, INC., Plaintiff-Cross Appellee, v. WESTWOOD CHEMICAL, INC., et al., Defendants-Cross Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1976.

Attorney(s) appearing for the Case

William H. Webb, John M. Webb, Webb, Burden, Robinson & Webb, Pittsburgh, Pa., Warren Daane, Baker, Hostetler & Patterson, Cleveland, Ohio, for plaintiff-appellant.

Paul A. Weick, Weick & Genovese, Akron, Ohio, T. A. TeGrotenhuis, Cleveland, Ohio, for defendants-appellees.

Before PHILLIPS, Chief Judge, and PECK and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

As of what date does the liability of a patent licensee for royalties under an invalid patent terminate pursuant to Lear v. Adkins, 395 U.S. 653, 89 S.Ct. 1902, 23 L.Ed.2d 610 (1968)? This recurring question is presented on the present appeal under a factual situation that differs somewhat from those involved in other decisions of this court dealing with this issue.

Ordinarily, liability would terminate...

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