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STUDIENGESELLSCHAFT KOHLE v. NOVAMONT CORP.

Nos. 397, 398, Dockets 82-7143, 82-7163.

704 F.2d 48 (1983)

STUDIENGESELLSCHAFT KOHLE m.b.H., Plaintiff-Appellee-Cross-Appellant, v. NOVAMONT CORPORATION nna., U.S.S. Novamont Incorporated, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 28, 1983.

Attorney(s) appearing for the Case

Granville M. Pine, New York City (Harry C. Marcus, Christopher A. Hughes, Morgan, Finnegan, Pine, Foley & Lee, New York City, William L. Krayer, Pittsburgh, Pa., of counsel), for defendant-appellant-cross-appellee.

Arnold Sprung, New York City (Nathaniel D. Kramer, Sprung Horn Kramer & Woods, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Before MESKILL, PIERCE and FAIR-CHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

These appeals involve the interpretation and application of a "most favored licensee" (MFL) clause in a patent license agreement. Studiengesellschaft Kohle m.b.H.(SGK), the owner of the patent, sued Novamont Corporation to recover royalties due under a license agreement dated July 1, 1974. Novamont counterclaimed, claiming breaches of the MFL clause in the previous license agreement between the parties dated January 1, 1967, and fraud in...

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