United States Seventh Circuit

In a declaratory action over a covenant not to compete contained in the parties' production agreement giving plaintiff exclusive rights to manufacture defendant's patented concrete block, summary judgment for defendant is affirmed where: 1) the covenant had no anticompetitive effect, thus it did not constitute "patent misuse"; and 2) the terms of the covenant did not violate state law.

Appellate Information

• Argued 03/27/2007
• Decided 09/18/2007
• Published 09/18/2007

Judges

• WOOD, Circuit Judge., Before MANION, KANNE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jon G. Furlow, Michael Best & Friedrich, Madison, WI, Gary A. Ahrens (argued), Michael Best & Friedrich, Milwaukee, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Kurt J. Niederluecke (argued), Fredrikson & Byron, Minneapolis, MN, for Defendant-Appellee.