United States Seventh Circuit
TAS Distrib Co., Inc. v. Cummins Engine Co., Inc., 05-1371
In a suit involving a co-exclusive license to use plaintiff's idle-control technology for heavy-duty truck engines, summary judgment for defendant is affirmed where: 1) plaintiff failed to present a reasonable basis for the calculation of any damages; 2) plaintiff failed to show it was damaged beyond the minimum royalty payments paid by defendant; and 3) the district court did not abuse its discretion in denying specific performance as a remedy.
Appellate Information
- Decided 06/14/2007
- Published 06/14/2007
Judges
- RIPPLE, Circuit Judge., Before RIPPLE, MANION and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Robert M. Riffle (argued), Elias, Meginnes, Riffle & Seghetti, Peoria, IL, for Plaintiff-Appellant.
- For Appellees:
- Marianne C. Holzhall (argued), Foley & Lardner, Chicago, IL, for Defendant-Appellee.