WOMMACK v. DURHAM PECAN CO., INC.

No. 82-1334.

715 F.2d 962 (1983)

Malcolm R. WOMMACK, Plaintiff-Appellant, v. DURHAM PECAN COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 14, 1983.


Attorney(s) appearing for the Case

Wofford, Fails & Zobal, Arthur F. Zobal, Fort Worth, Tex., for plaintiff-appellant.

Sudderth, Woodley & Dudley, Keith Woodley, Comanche, Tex., for defendant-appellee.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.


GEE, Circuit Judge:

This patent infringement action has been brought by the inventor of a patented process against his former employer requesting reasonable royalties for the employer's use of the process in his plant. The employer admits that he used the process and he neither contests the validity of plaintiff's patent nor asserts any right to receive assignment of the patent arising from the contract of employment. Instead, the employer claims he had acquired a...

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