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AMERICAN OPTICAL CO. v. NEW JERSEY OPTICAL CO.

Civil Action No. 1583.

50 F.Supp. 806 (1943)

AMERICAN OPTICAL CO. v. NEW JERSEY OPTICAL CO. (UNITED STATES, Intervener).

District Court, D. Massachusetts.

July 9, 1943.

Attorney(s) appearing for the Case

Brooks Potter, John L. Hall, Frederick H. Nash, Mercien Jenckes, and Harrison F. Lyman, all of Boston, Mass., for plaintiff.

Charles B. Rugg and Edward B. Hanify, both of Boston, Mass., and Daniel V. Mahoney and Morris D. Jackson, both of New York City, for defendant.

Samuel S. Isseks and Irving B. Glickfield, Sp. Assts. to Atty. Gen., and Melville C. Williams, Sp. Atty., of New York City, for the Government, intervenor.

HEALEY, District Judge.

This action was commenced in the Municipal Court of the City of Boston to recover unpaid royalties under license and sublicense agreements, copies of which are annexed to the declaration as Exhibits A, B and C. Exhibits A and B are sublicense agreements which recite that the licensor (plaintiff) is the exclusive licensee under certain United States Patents. The agreements grant to the sublicensee a non-exclusive license to make, use and sell...

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