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USM CORP. v. STANDARD PRESSED STEEL CO.

No. 74-1938.

524 F.2d 1097 (1975)

USM CORPORATION, Plaintiff-Appellant, v. STANDARD PRESSED STEEL CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1975.

Attorney(s) appearing for the Case

Gerald D. Hosier, James P. Hume, Chicago, Ill., for appellant.

Donald L. Welsh, Chicago, Ill., John A. Mitchell, New York City, for appellee.

Before SWYGERT and TONE, Circuit Judges, and GRANT, Senior District Judge.

TONE, Circuit Judge.

This is an interlocutory appeal in a declaratory judgment action brought by a licensee to have a patent declared invalid. The licensee seeks to prevent the licensor from collecting the royalties that accrue during the pendency of the action in the event the patent is held invalid, but to retain its rights under the license and pay those royalties to the licensor in the event the patent is held valid. The licensee moved for a preliminary injunction...

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