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Meehan v. PPG Industries, Inc.

802 F.2d 881, 231 U.S.P.Q. 400 (1986)

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Meehan v. PPG Industries, Inc.

United States Court of Appeals for the Seventh Circuit
802 F.2d 881, 231 U.S.P.Q. 400 (1986)

Facts

John Meehan (plaintiff) invented a method and apparatus for dispensing anti-icing products in internal combustion engines. Meehan conveyed exclusive rights in the invention to PPG Industries, Inc. (PPG) (defendant). At this point, no patent application had been filed. The contract between Meehan and PPG required PPG to make an immediate determination as to the patentability of the invention and, with Meehan’s assistance, apply for a patent application if practicable. The contract also required PPG to make royalty payments to Meehan until the resulting patents expired. PPG secured three patents in three countries. The United States patent expired in January 1983, but the Canadian patent on the same invention did not expire until December 1984. Meehan sought to collect royalties from PPG on US sales after the expiration of the US patent but before the expiration of the Canadian patent. Meehan brought suit in federal district court for breach of contract. The court held that PPG had no obligation to pay royalties to Meehan after January 1983. Meehan appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Cummings, C.J.)

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