PRUDENTIAL INSURANCE COMPANY OF AMERICA v. PREMIT GROUP, INC.


270 A.D.2d 115 (2000)

704 N.Y.S.2d 253

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent, v. PREMIT GROUP, INC., et al., Appellants. (And a Counterclaim Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 16, 2000.


The motion court correctly held that the Federal court judgment determining that two additional individuals had contributed to the invention of the patented system, and were therefore co-owners of the patent that defendants had licensed to plaintiff, constituted an incurable material breach of defendants' warranty of sole ownership of the patent under the license agreement, and properly released plaintiff from any obligation to make further royalty payments thereunder. Under...

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