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STUDIENGESELLSCHAFT KOHLE mbH v. NOVAMONT CORP.

No. 77 Civ. 4722 (RWS).

485 F.Supp. 471 (1980)

STUDIENGESELLSCHAFT KOHLE mbH, Plaintiff, v. NOVAMONT CORPORATION, Defendant, v. MAX-PLANCK-INSTITUT FUR KOHLENFORSCHUNG and Maria Ziegler, Additional Defendants on Counterclaim.

United States District Court, S. D. New York.

February 26, 1980.

Attorney(s) appearing for the Case

Sprung, Felfe, Horn, Lynch & Kramer, New York City, for plaintiff and counterclaim defendants; Arnold Sprung, Nathaniel D. Kramer, New York City, of counsel.

Morgan, Finnegan, Pine, Foley & Lee, New York City, for defendant; Harry C. Marcus, New York City, of counsel.

OPINION

SWEET, District Judge.

This is an action by Studiengesellschaft Kohle mbH ("SGK") against Novamont Corporation ("Novamont") to recover royalties under a patent license agreement. Novamont has counterclaimed, alleging that SGK fraudulently failed to comply with the most favored licensee clause in its license agreement.1 Novamont now moves to amend its counterclaim to allege an additional fraud which prevented Novamont...

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