Washburn & Moen Manuf'g Co. v. Freeman Wire Co.
U.S. Circuit Court for the District of Eastern Missouri
In Equity. On demurrer to bill. The bill in this case avers, in substance, that complainant is the owner of certain barbed fence wire patents, and that on or about May 1, 1888, it granted a license to defendant to manufacture and sell certain styles of barbed fence wire to the amount of 6,000 tons per annum; that by the terms of the license defendant agreed to pay a royalty of 15 cents per hundred pounds on all fence wire so manufactured and sold, and to pay the same…
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In Equity. On demurrer to bill. The bill in this case avers, in substance, that complainant is the owner of certain barbed fence wire patents, and that on or about May 1, 1888, it granted a license to defendant to manufacture and sell certain styles of barbed fence wire to the amount of 6,000 tons per annum; that by the terms of the license defendant agreed to pay a royalty of 15 cents per hundred pounds on all fence wire so manufactured and sold, and to pay the same monthly; that the licensee agreed to make monthly reports to the licensor of the number of pounds of fence wire sold, and also…
1Opinion of the Court
Tiiayer, J.,
(after stating the facts as above.) On the case made by the hill, the complainant is not entitled to equitable relief. It cannot maintain a suit in equity, merely to have an account taken of the royalties due to it, and a decree for their payment, as it is now settled that courts of equity, eyen in patent cases, will not entertain bills merely to obtain an account of profits or damages realized or sustained by the infringement of letters patent. To authorize a decree for an accounting, either as to profits or damages, to which a complainant is entitled under the patent laws,the…
2Cases cited3 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Poet Clinton Railroad v. Cleveland & Toledo RailroadOhio Supreme Court · 1862
3Cited by3 opinions
- Unilectric, Inc., by Change of Name From United Mfg. And Service Co. v. Holwin CorporationCourt of Appeals for the Seventh Circuit · 1957
- Heckscher v. Pennsylvania Steel Co.District Court, E.D. Pennsylvania · 1913
- Universal Rim Co. v. General Motors Corp.District Court, E.D. Michigan · 1927