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United States Seventh Circuit


SMS Demag Aktiengesellschaft v. Material Sciences Corp., 08-2479

In a breach of contract action involving the assignment of patents, district court grant of summary judgment is affirmed in part and reversed in part where: 1) the court properly dismissed plaintiff-intervenor Terronics Development Corp.'s damages claims, as the terms of the agreement between the parties did not support plaintiff's claims; and 2) the court erred in dismissing plaintiff-intervenor's claim for the return of certain patents it assigned to defendant, as the agreement between the parties expired and thus defendant is required to reassign plaintiff intervenor's patents per the terms of the agreement.

Appellate Information

  • Argued 12/12/2008
  • Decided 05/08/2009
  • Published 05/08/2009

Judges

  • CUDAHY, Circuit Judge., Before CUDAHY, FLAUM, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Kenneth P. McKay (argued), McKay & Associates, Pittsburgh, PA, for Plaintiff/Intervenor-Appellant.

  • For Appellees:
  • Edward P. Gibbons (argued), Walker Wilcox Matousek, Chicago, IL, for Defendant-Appellee.
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