Legal Opinion

Keystone Type Foundry v. Fastpress Co.

District Court, S.D. New York

Decided March 18, 1919PublishedCited by 4 opinions

In Equity. Suit by the Keystone Type Foundry against the Fastpress Company. Bill dismissed, and injunction granted on the cross-bill.

1Opinion of the Court

LEARNED HAND, District Judge.

[1] The decisions have for so long held that a license from a patentee prevails over a subsequent assignment that I do not feel free to disregard the rule so established. Chambers v. Smith, Fed. Cas. No. 2,582; 5 Fish. Pat. Cas. 14; Farrington v. Gregory, Fed. Cas. No. 4,688, 4 Fish. Pat. Cas. 221; Hamilton v. Kingsbury, Fed. Cas. No. 5,984, 17 Blatch. 264; Jones v. Berger (C. C.) 58 Fed. 1006. I have not found that this rule has been confirmed by any appellate court, and it seems to me open at least to some doubt whether agreements to- license, so far as they…

2Cases cited4 opinions

  1. Gayler v. WilderSupreme Court of the United States · 1851
  2. Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893
  3. Wright v. RandelU.S. Circuit Court for the District of Northern New York · 1881
  4. Farrington v. GregoryU.S. Circuit Court for the District of Eastern Michigan · 1870

3Cited by4 opinions

  1. Hershey Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  2. Keystone Type Foundry v. Fastpress Co.Court of Appeals for the Second Circuit · 1921
  3. John Tuman & Sons, Inc. v. BasseCourt of Appeals for the Second Circuit · 1940
  4. Hershey Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1928

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