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Patent Law Keyed to Adelman
A.C. Aukerman Co. v. R.L. Chaides Construction Co.
Facts
A.C. Aukerman Company (Plaintiff) is the assignee of two patents relating to forming concrete highway barriers. Plaintiff entered into an agreement as part of a litigation settlement with Gomaco Corporation. Gomaco became a licensee and notified Plaintiff of purchasers of the adjustable slip-form molds it sold to form the barriers. R.L. Chaides Construction Co. (Defendant) purchased a slip-form and Gomaco notified Plaintiff. Plaintiff then sent a letter to Defendant informing it that use of the slip-form may raise an infringement question. The parties continued communications and Plaintiff eventually informed Defendant that it would waive past infringement if Defendant would agree to license the form from Plaintiff. Defendant rejected the offer and communication between the parties stopped for approximately eight years. Defendant then developed a second slip-form mold which Plaintiff claimed was an infringement. After more ineffective attempts at communication and a licensing offer, Plaintiff filed suit against Defendant for patent infringement. The district court granted Defendant's summary judgment.
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