PRIMA TEK II v. KLERK'S PLASTIC INDUSTRIES, B.V.

No. 05-2247.

525 F.3d 533 (2008)

PRIMA TEK II, L.L.C., Plaintiff-Appellant, v. KLERK'S PLASTIC INDUSTRIES, B.V. and Klerk's Plastic Products Manufacturing, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 2008.


Attorney(s) appearing for the Case

J. William Lucco (argued), Lucco, Brown, Threlkeld & Dawson, Edwardsville, IL, for Plaintiff-Appellant.

Michael G. Adams, Parker, Poe, Adams & Bernstein, Charlotte, NC, for Defendants-Appellees.

Before FLAUM, RIPPLE, and MANION, Circuit Judges.


FLAUM, Circuit Judge.

This case involves a licensing dispute between two companies that operate in the pot cover business. Prima Tek II ("PTII"), in essence, gave Klerk's Plastic ("Klerks") permission to use its technology to create superior pot covers in exchange for a royalty fee on each sale. The agreement between the parties delineated the type of product that Klerks was to sell, and it limited Klerks's ability to sell to particular entities in specified regions...

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