Motion Picture Patents Co. v. Universal Film Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by the Motion Picture Patents Company against the Universal Film Manufacturing Company, the Universal Film Exchange of New York, and the Prague Amusement Company. From a decree dismissing the bill, complainant appeals. This cause comes here on an appeal from a decree dismissing the complainant’s bill.
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Appeal from the District Court of the United States for the Southern District of New York. Bill by the Motion Picture Patents Company against the Universal Film Manufacturing Company, the Universal Film Exchange of New York, and the Prague Amusement Company. From a decree dismissing the bill, complainant appeals. This cause comes here on an appeal from a decree dismissing the complainant’s bill. The complainant is the owner of the patent in suit (No. 707,934) for motion picture projecting machines, and on June 12, 1912, granted to the Precision Machine Company a license to manufacture and…
1Opinion
On Petition for Rehearing.
2Per curiam
The appellant seeks a reargument upon the question whether the Prague Amusement Company did not infringe by not *402complying with the condition as to royalty or rental imposed by the appellant on users of machines manufactured under its licenses.
[5, 6] The sale of the projecting machine carried with it, in the absence of any restriction, an implied license of use. Mitchell v. Hawley, 16 Wall. 547, 21 L. Ed. 322. The notice which was attached attempted to impose the condition that it should only be used with films containing the invention of a patent which had expired…
3Cases cited3 opinions
- Mitchell v. HawleySupreme Court of the United States · 1873
- Cortelyou v. Charles Eneu Johnson & Co.Supreme Court of the United States · 1907
- Lovell-McConnell Mfg. Co. v. Waite Auto Supply Co.District Court, D. Rhode Island · 1912