Sirocco Engineering Co. v. Monarch Ventilator Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by the Sirocco Engineering Company and the American Blower Company against the Monarch Ventilator Company for infringement of patents Nos. 12,796, 12,797, and 12,798. On demurrer to bill. The bill alleged the grant of the original patent, and that thereafter the patentee granted to complainant Sirocco Engineering Company “the sole and exclusive license to manufacture, sell, and use” the patented invention, “except for certain reservations.”
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In Equity. Suit by the Sirocco Engineering Company and the American Blower Company against the Monarch Ventilator Company for infringement of patents Nos. 12,796, 12,797, and 12,798. On demurrer to bill. The bill alleged the grant of the original patent, and that thereafter the patentee granted to complainant Sirocco Engineering Company “the sole and exclusive license to manufacture, sell, and use” the patented invention, “except for certain reservations.” Proferí was made of the license agreement, from which it appeared that other patents were included in the license, and that the exclusive…
1Opinion of the CourtHoet, District Judge
(after stating the facts as above). It seems to me at least doubtful whether the point argued is raised by the de*85murrer. It does not appear on the face of the bill that the reservations in the instrument of transfer dated November 21, 1907, were reservations of rights covered by the reissued patent. If not, the instrument, so far as the reissued patent was concerned, was undoubtedly an assignment. But, assuming the reservations to have been covered by the reissued patent, I think that the instrument, although called a license, was in legal effect an assignment. It was a grant of the patent,…
2Cases cited3 opinions
- Littlefield v. PerrySupreme Court of the United States · 1875
- Frankfort Whisky Process Co. v. PepperU.S. Circuit Court for the District of Southern New York · 1885
- Pope Manuf'g Co. of Connecticut v. ClarkU.S. Circuit Court for the District of Maryland · 1891
3Cited by6 opinions
- Kavanagh, Collector of Internal Revenue v. EvansCourt of Appeals for the Sixth Circuit · 1951
- Kenyon v. Automatic Instrument Co.Court of Appeals for the Sixth Circuit · 1947
- Andrew Jergens Co. v. Woodbury, Inc.District Court, D. Delaware · 1921
- American Type Founders, Inc. v. Dexter Folder Co.District Court, S.D. New York · 1943
- P. R. Mallory & Co. v. Automotive Mfrs' Outlet, Inc.District Court, S.D. New York · 1930
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