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PPG Industries, Inc. v. Guardian Industries Corporation
Citation:
597 F.2d 1090 (1979)Facts
In 1964, PPG Industries and Permaglass entered into a patent license agreement concerning “gas hearth technology,” which involved floating glass on a bed of gas during heating and bending. Under this agreement, Permaglass granted PPG an exclusive license to nine patents, subject to Permaglass retaining a non-exclusive, non-transferable license for its own use. PPG granted Permaglass a non-exclusive, non-transferable license to two PPG patents. The agreement explicitly stated that the licenses granted to Permaglass were “personal to PERMAGLASS and non-assignable except with the consent of PPG first obtained in writing.” In December 1969, Permaglass merged into Guardian Industries under Ohio and Delaware statutes. After the merger, PPG filed an infringement action against Guardian for using eleven patents covered by the 1964 agreement. Guardian claimed it had acquired Permaglass’s license rights through the statutory merger.
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