Henry v. A. B. Dick Co.
Supreme Court of the United States
ON A CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the power of a patentee to enforce a license restriction as to the use of the patented article, and the determination of what constitutes contributory infringement, are stated in the opinion. The attempted restriction on the sale of the article is void at common law.
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ON A CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the power of a patentee to enforce a license restriction as to the use of the patented article, and the determination of what constitutes contributory infringement, are stated in the opinion. The attempted restriction on the sale of the article is void at common law. United States v. Sequi, 10 Pet. 306; United States v. Rodman, 15 Pet. 130, 139; Merrifield v. Cobleigh, 4 Cush. 178. See also Packard v. Ames, 16 Gray, 327; 6 Am. & Eng. Ency., 438, note 5. By the common law, the absolute property…
1Opinion of the CourtJustice Lueton
This cause comes to this court upon a certificate under the sixth section of the Court of Appeals Act of March 31, 1891.
The facts and the questions certified, omitting the terms*of the injunction awarded by the Circuit Court, are these:
“This action was brought by the complainant, an Illinois corporation, for the infringement of two letters patent, owned by the complainant, covering a stencil-duplicating machine known as the ‘Rotary Mimeograph.’ The defendants are doing business as co-partners in the City of New York. The complainants sold to one Christina B. Skou, of New York, a Rotary…
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- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
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