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NOVAMETRIX MEDICAL SYSTEMS, INC. v. BOC GROUP, INC.

(14467)

224 Conn. 210 (1992)

NOVAMETRIX MEDICAL SYSTEMS, INC. v. THE BOC GROUP, INC.

Supreme Court of Connecticut.

Decision released December 22, 1992.

Attorney(s) appearing for the Case

John M. Calimafde, pro hac vice, with whom were William H. Narwold and, on the brief, Lee A. Goldberg, pro hac vice, and Maurice K. Segall, for the appellant (plaintiff).

Keith V. Rockey, pro hac vice, with whom were Alison L. Bonds and, on the brief, Thomas C. Elliott, Jr., pro hac vice, for the appellee (defendant).

PETERS, C. J., CALLAHAN, BORDEN, NORCOTT and F. X. HENNESSY, JS.

NORCOTT, J.

The sole issue in this appeal is whether the return of a nonrefundable payment made under a licensing agreement negotiated after a finding of patent infringement is required if the finding of infringement is later reversed, thereby obviating the need for the licensing agreement. The plaintiff, Novametrix Medical Systems, Inc., brought suit against the defendant, The BOC Group, Inc., to recover a $400,000 payment made to the defendant under a licensing...

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