Meissner v. Standard Railway Equipment Co.
Supreme Court of Missouri
'.Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) An assignment of a void patent or a license under a void patént is not' a legal consideration for a promise to pay for same.
Read the full summary
'.Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) An assignment of a void patent or a license under a void patént is not' a legal consideration for a promise to pay for same. Applicable to the second defense: Shepherd v. Jenkins, 73 Mo. 5-10; Jollife v. Collins, 21 Mo. 343; Keith, v. Hobbs, 69 Mo. 84. (2) State courts have, jurisdiction to determine the validity ©f a patent, when the invalidity thereof is set up as a defense to a suit on a contract for royalties. Applicable to the-second defense: "White v. Lee, 14 Fed. 789; Harlow v. Putnam, 124 Mass. 553;'…
1Opinion of the CourtValliant, P. J.
— Letters-patent No. 626,497 were issued to plaintiff from the United States Patent Office on his application therefor filed December 7, 1898.
The patent purports to cover an “improvement in Pneumatic Hammers.” On the date of the filing of the application plaintiff made a contract with defendant granting to it an exclusive license to manufacture and use the implement set forth in the application and “any future improvements or-modifications thereof,” for royalty of ten per cent of the gross selling price of all the implements sold under the agreement. This is a suit calling for an account of…
2Cases cited5 opinions
- Gill v. United StatesSupreme Court of the United States · 1896
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Dysart v. CrowSupreme Court of Missouri · 1902
- Bosley v. CookMissouri Court of Appeals · 1900
3Cited by20 opinions
- Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Bohle v. SternfelsSupreme Court of Missouri · 1953
- Clinton v. StaplesMissouri Court of Appeals · 1967
- Grapette Company v. Grapette Bottling CompanyMissouri Court of Appeals · 1956
15 more not listed; retrieve them via the Exa API.