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FORBO-GIUBIASCO S. A. v. CONGOLEUM CORP.

No. 78 Civ. 5390 (MEL).

516 F.Supp. 1210 (1981)

FORBO-GIUBIASCO S. A., Plaintiff, v. CONGOLEUM CORPORATION, Defendant.

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

June 24, 1981.

Attorney(s) appearing for the Case

Toren, McGeady & Stanger, P.C., New York City, for plaintiff; David Toren, Jules E. Goldberg, Michael J. Kunstler, Samuel B. Mayer, New York City, of counsel.

D'Amato & Lynch, New York City, for defendant; Robert E. Meshel, New York City, of counsel.

LASKER, District Judge.

Forbo-Giubiasco, S.A. ("Giubiasco") is a licensee of Congoleum Corporation ("Congoleum") by virtue of an agreement entered into by their predecessors in August, 1972. Under the non-exclusive, royalty-bearing agreement, Congoleum licensed Giubiasco to make, use and sell certain floor covering products on which Congoleum claims to own patent rights. The agreement provides that if Congoleum grants a license "at a royalty rate more favorable to...

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