United States Third Circuit

In a licensing agreement dispute involving restriction of Styrofoam-type sales to certain Asian countries, district court's grant of summary judgment in favor of plaintiff-licensee is affirmed where the "fully paid-up" license clearly expired along with defendant's intellectual property rights in the process, and as such, because defendant does not have continuing intellectual property rights in the process, the License Agreement has no continuing force.

Appellate Information

• Argued 05/20/2009
• Decided 08/28/2009
• Published 08/28/2009

Judges

• Before FUENTES, JORDAN and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Walter H. Flamm, Jr., Michael J. McCaney, Jr., Flamm, Boroff & Bacine, PC, Blue Bell, PA, Attorneys for Appellants.


• For Appellees:
  
• John M. McIntyre, David J. Bird, Reed Smith LLP, Pittsburgh, PA, Attorneys for Appellees.