Keystone Type Foundry v. Fastpress Co.
District Court, S.D. New York
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
- Gayler v. WilderSupreme Court of the United States · 1851
- Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893
- Wright v. RandelU.S. Circuit Court for the District of Northern New York · 1881
- Farrington v. GregoryU.S. Circuit Court for the District of Eastern Michigan · 1870
3Cited by4 opinions
- Hershey Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Keystone Type Foundry v. Fastpress Co.Court of Appeals for the Second Circuit · 1921
- John Tuman & Sons, Inc. v. BasseCourt of Appeals for the Second Circuit · 1940
- Hershey Mfg. Co. v. CommissionerUnited States Board of Tax Appeals · 1928