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COMPONENTS, INC. v. WESTERN ELECTRIC COMPANY

267 A.2d 579 (1970)

COMPONENTS, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. WESTERN ELECTRIC COMPANY, Inc., a corporation of the State of New York, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Petition for Reargument Denied June 16, 1970.

Attorney(s) appearing for the Case

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, and Edward S. Irons, of Irons, Stockman, Sears & Santorelli, Washington, D. C., for appellant.

E. Norman Veasey, and Franklin S. Eyster, II, of Richards, Layton & Finger, Wilmington, and John T. Kelton, and Thomas V. Heyman, of Watson, Leavenworth, Kelton & Taggart, New York City, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from the denial of defendant's motion to dismiss the complaint under Chancery Rule 12(b) (6), Del.C. Ann. for failure to state a claim.

On June 27, 1960, Western and Components entered into a patent license agreement. The agreement granted to Components a nonexclusive license to make and sell solid electrolytic capacitors under Western's patents. Components agreed to pay royalties...

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