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BAILEY v. CHATTEM, INC.

No. 80-5439.

684 F.2d 386 (1982)

Wesley T. BAILEY, Plaintiff-Appellee, v. CHATTEM, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 3, 1982.

Rehearing Denied September 17, 1982.

Attorney(s) appearing for the Case

W. Neil Thomas, III, Thomas, Mann & Gossett, W. Neil Thomas, Jr., Chattanooga, Tenn., for defendant-appellant; George T. Mobille, Cushman, Darby & Cushman, Washington, D. C., on brief.

Carlos C. Smith, David B. Kesler, Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, Tenn., Truman R. Adkins, Redondo Beach, Cal., Gary Lande, Poms, Smith, Lande & Rose, Los Angeles, Cal., for plaintiff-appellee.

Before ENGEL and KENNEDY, Circuit Judges, and ENSLEN, District Judge.

CORNELIA G. KENNEDY, Circuit Judge.

In this case we are called upon to decide whether plaintiff's patent is invalid, thus defeating his causes of action based on the assignment of rights in the patent; whether California or Tennessee law properly applies on the facts of this case to plaintiff's claim of promissory fraud; whether the damages the jury awarded plaintiff, as reduced by the trial court, were excessive as a matter of law; and whether there was sufficient...

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