Bowers Manufacturing Co., Inc., a Corporation v. All-Steel Equipment, Inc., a Corporation

. This is an action for specific enforcement of a patent license agreement. Summary judgment was . granted to plaintiff All-Steel, and from this judgment Bowers presses this appeal. The district court had jurisdiction, of this action. 28 U.S.C. § 1332 . ' This'Court has jurisdiction on appeal.' 28 U.S.C. § ...

„ , As of January 1,1955, appellee entered into a nonexclusive license agreement with appellant, under which appellant was licensed to make use and sell certain devices under the Keierleber Patent; was required to render certain financial statements; and pay periodic royalties to appellee. This agreement was the culmination of an amicable exchange of letters in which the subject of possible infringement was discussed.

On December 14, • 1956,- appellant decided that the patent was-invalid, purr ported to rescind the agreement, and demanded the return of money previously paid as royalties. No -further, payment of -r°yalties was made. Thereafter, apPelIee filed a complaint for specific performance. Appellant answered, (1)' dethat the license agreement still existed- (2) alleging consideration had failed under the license agreement; (3) alleging the license agreement had been…