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WARNER-JENKINSON CO. v. ALLIED CHEMICAL CORP.

No. 503, Docket 76-7435.

567 F.2d 184 (1977)

WARNER-JENKINSON COMPANY, and H. Kohnstamm & Company, Inc., Plaintiffs-Appellants, v. ALLIED CHEMICAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 13, 1977.

Attorney(s) appearing for the Case

Francis T. Carr, New York City (Kenyon & Kenyon Reilly, Carr & Chapin, Paul Lempel, Edwin Baranowski, Philip J. McCabe, Stephen B. Shear, New York City, on the brief), for plaintiffs-appellants Warner-Jenkinson Co. and H. Kohnstamm & Co., Inc.

Patrick J. Joyce, New York City, on the brief, for H. Kohnstamm & Co., Inc.

Donald G. Leavitt, Koening, Senniger, Power & Leavitt, St. Louis, Mo., on the brief, for Warner-Jenkinson Co.

William J. Gilbreth, New York City (Fish & Neave, William K. Kerr, John E. Nathan and Hugh C. Barrett, New York City, and Roy H. Massengill and Jay P. Friedenson, Morristown, N. J., on the brief), for defendant-appellee.

Before LUMBARD, ANDERSON and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

Warner-Jenkinson Company and H. Kohnstamm & Company, Inc. appeal from an August 13, 1976 judgment by Judge Frankel of the Southern District, who dismissed their action for invalidation of patents owned by Allied Chemical Corporation and ordered the payment to Allied of royalties which had been withheld pendente lite. Judge Frankel held that the appellants, who entered into a licensing agreement with the defendant as part of a settlement...

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