Blair v. Lippincott Glass Co.
U.S. Circuit Court for the District of Indiana
In Equity. Suit by George W. Blair and said Blair associated with Paul Zimmerman, partners as Dithridge & Co., against the Lippincott Glass Company, for infringement of a patent. Heard on demurrer to bill. Demurrer sustained.
1Opinion of the Court
Baker, District Judge.
The demurrer of the respondent to the complainants’ bill of complaint presents the sole question in this case. The sufficiency of the complaint hinges on the question whether a suit in equity for the infringement of a patent right is maintainable jointly by the patentee and a licensee, whose license confers no exclusive monopoly. An exclusive license, to the extent of the interest granted, is construed to be an equitable assignment, and clothes the licensee with an interest, sub modo, in the monopoly. “The only alienation which can carry the monopoly is that of an…
2Cases cited7 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Littlefield v. PerrySupreme Court of the United States · 1875
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Harris v. HarrisIndiana Supreme Court · 1878
- Hill v. WhitcombU.S. Circuit Court for the District of Massachusetts · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930
- Ilyin v. Avon Publications, Inc.District Court, S.D. New York · 1956
- Innis, Speiden & Co. v. Food Machinery Corp.District Court, D. Delaware · 1942
- Holliday v. Long Manufacturing Co.District Court, E.D. North Carolina · 1955
- Brookfield v. Novelty Glass Mfg. Co.Court of Appeals for the Third Circuit · 1909
4 more not listed; retrieve them via the Exa API.