COHN v. COMPAX CORP.


87 A.D.2d 364 (1982)

Eugene Cohn et al., Respondents, v. Compax Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1982


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom (James E. Lyon, Michael H. Diamond, Timothy G. Reynolds and Robert W. Wien of counsel), for appellant.

Irving A. Cohn, P. C. (Allan D. Goldstein and Robert W. Fiddler of counsel), for respondents.

WEINSTEIN, GULOTTA and THOMPSON, JJ., concur.


MOLLEN, P. J.

On this appeal, we are called upon to examine the doctrine of patent misuse. The issue at bar arises out of the defendant's efforts to avoid its obligations under a contract for the transfer of rights to certain patent applications and resulting patents. We turn first to a brief review of the pertinent facts.

The Cohn family has been involved in the manufacture of textile machinery since 1929. In 1957, Eugene Cohn and his brother...

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