Nova Chem., Inc. v. Sekisui Plastics Co. LTD., No. 08-4090

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.   

Read Nova Chem., Inc. v. Sekisui Plastics Co. LTD., No. 08-4090

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 06-cv-00478)
District Judge: Honorable David S. Cercone

Argued May 20,  2009
Opinion Filed August 28, 2009

Judges
Before:  Fuentes, Jordan and Nygaard, Circuit Judges.
Opinion by Circuit Judge Fuentes

Counsel

Counsel for Appellant: Walter H. Flamm, Jr., Michael J. McCaney, Jr.

Counsel for Appellee:  John M. McIntyre, David J.Bird