E.I. du PONT de NEMOURS v. SHELL OIL CO.


498 A.2d 1108 (1985)

E.I. du PONT de NEMOURS AND COMPANY, INCORPORATED, Plaintiff Below, Appellant, v. SHELL OIL COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 21, 1985.


Attorney(s) appearing for the Case

Richard L. Sutton (argued) and Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

E. Norman Veasey (argued), Allen M. Terrell, Jr., Stephen E. Herrmann, and John J. Schreppler, II, Richards, Layton & Finger, Wilmington, for appellee.

Before McNEILLY and HORSEY, JJ., O'HARA, BIFFERATO and TAYLOR, Judges, constituting the Court en Banc.


HORSEY, Justice:

This appeal requires us to determine the limits of a licensee's right to manufacture and sell a product under grant of a nonexclusive license without right to sublicense. The license agreement expressly prohibited the licensee from sublicensing. It did permit the licensee to make the patented product or to "have [it] made" and to sell the product. We here consider whether a non-exclusive license agreement entered into between E.I. duPont de Nemours...

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