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STUDIENGESELLSCHAFT KOHLE, M.B.H. v. HERCULES

No. 95-1465.

105 F.3d 629 (1997)

STUDIENGESELLSCHAFT KOHLE, M.B.H., Plaintiff-Appellant, v. HERCULES, INC., Himont U.S.A., Inc. and Himont, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 21, 1997.

Attorney(s) appearing for the Case

Nathaniel D. Kramer, Sprung Horn Kramer & Woods, Tarrytown, NY, argued, for plaintiff-appellant. With him on the brief was Arnold Sprung.

James Galbraith, Kenyon & Kenyon, New York City, argued, for defendants-appellees. With him on the brief were Kenneth E. Madsen and Richard M. Rosati.

Before MAYER, Circuit Judge, COWEN, Senior Circuit Judge, and RADER, Circuit Judge.

MAYER, Circuit Judge.

In 1986, Studiengesellschaft Kohle m.b.H. (SGK) sued Hercules, Inc.; Himont U.S.A., Inc.; and Himont, Inc. (collectively "Hercules") for patent infringement. Hercules counterclaimed, alleging that SGK had breached the most favored licensee provision of their license agreement by failing to offer Hercules a license with the same terms it offered other licensees. But for the breach, Hercules argued, it would have been licensed under the patents...

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