Berlenbach

This action was commenced in Novemher of 1957 by the filing of a complaint, appellant against appellee, charging infringement of appellant's patent No. 2,693,757 for safety binding for ski runners, and unfair competition.

Appellant's application for patent was filed July 5, 1949, and the patent was issued on January 4, 1955.

June 12, 1959 the District Court, entered a consent decree dismissing the unfair competition action and holding-that appellant’s patent was valid and infringed by appellee, and permanently enjoining appellee from further infringenient. Consent to said decree was given-the parties pursuant to an agreement dated April 28, 1959, between them whereby appellant gave appellee a “nonexclusive license to manufacture, use and' sell safety bindings for ski runners under-said, patent for the full term of said, patent,” and agreed to accept from appellee a sum certain and royalties.

Subsequently, in 1961, appellant gave-notice to appellee of an asserted breach. of the license agreement (failure to pay royalties; failure to account; and unconsented to manufacture and sale of infringing devices) and of revocation of *783 the license. Thereafter, appellant filed a motion…