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Remedies Keyed to Tabb, 8th
Jako v. Pilling Co.
Citation:
848 F.2d 318 (1988)Facts
Dr. Geza Jako, a physician and professor of otolaryngology, began an informal collaboration with Pilling Company in 1963 to develop specialized medical equipment for larynx microsurgery. From 1963 through the mid-to-late 1970s, most of Pilling’s laryngoscopes and related instruments were developed substantially according to Dr. Jako’s suggestions, and following industry practice, these instruments bore his name. Dr. Jako never held patents on these instruments and never sought compensation before 1984, believing it inappropriate for physicians to receive money for their ideas. In December 1984, after years of little contact, Dr. Jako sent Pilling a demand letter seeking one percent royalty on past sales and three percent on future sales. Pilling officials initially responded positively and gave Dr. Jako $5,000 in April 1985 as an advance on future arrangements, but after nine months of negotiations, Pilling announced it would not pursue the matter further.
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