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BOGGILD v. KENNER PRODUCTS, DIV. OF CPG PRODUCTS

No. 84-3467.

776 F.2d 1315 (1985)

Robert BOGGILD; William L. Dale, Plaintiffs-Appellees, v. KENNER PRODUCTS, a DIVISION OF CPG PRODUCTS CORP., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 13, 1985.

Rehearing and Rehearing Denied January 2, 1986.

Attorney(s) appearing for the Case

Donald McG. Rose, Frost and Jacobs, Cincinnati, Ohio, Madeline Henricks Devereux (LC) (argued), Edward M. O'Toole, Marshall, O'Toole, Gerstein, Murray and Bicknell, Chicago, Ill., for defendant-appellant.

William Singer (argued), Cincinnati, Ohio, for plaintiffs-appellees.

Before KEITH and MARTIN, Circuit Judges, and DIGGS TAYLOR.

Rehearing and Rehearing En Banc Denied January 2, 1986.

KEITH, Circuit Judge:

The issue in this case is whether the terms of a licensing agreement, which the parties entered into prior to application for or issuance of anticipated but subsequently issued patents, can be enforced beyond the expiration dates of the patents. We hold that under the rule of per se invalidity established by Brulotte v. Thys Co., 379 U.S. 29

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