Elmendorf v. American Combustion Co.
Supreme Court of New Jersey
On appeal from an order of the court of chancery advised by Vice-Chancellor Howell. Bill for an injunction. The American Combustion Company owned certain patent rights and licensed the defendant Lucas to, manufacture the patented devices. Lucas assigned to the defendant the Anthony Company, a Hew York corporation.
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On appeal from an order of the court of chancery advised by Vice-Chancellor Howell. Bill for an injunction. The American Combustion Company owned certain patent rights and licensed the defendant Lucas to, manufacture the patented devices. Lucas assigned to the defendant the Anthony Company, a Hew York corporation. The charge of the bill is that the transaction was fraudulent to the injury of the stockholders of the American Combustion Company, who are the present complainants; that the American Combustion Company was substantially controlled by the defendants, and that the directors have…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The contention of the appellants is that the suit is a jn’oceed'ing in rew. They disclaim the idea that the license or even the letters patent are a res within this state and insist that the rights secured under the letters patent are the res over which the court "has jurisdiction. The owner, they argue, is the New Jersey ■■Company; since the license agreement did not transfer the owner- ■ ship of the patent, the situs is the domicile of the owner. This -argument, however, confuses the patent right with the right under the license, which is…
2Cases cited3 opinions
- Stevens v. GladdingSupreme Court of the United States · 1855
- Carver v. PeckMassachusetts Supreme Judicial Court · 1881
- P. H. & F. M. Roots Co. v. DeckerSupreme Court of Minnesota · 1910
3Cited by3 opinions
- Panell v. RosaMassachusetts Supreme Judicial Court · 1917
- Ins. Co. of N. Am. v. ALLIED CRUDE VEG. OIL, ETC.New Jersey Superior Court Appellate Division · 1965
- Leek v. WieandNew Jersey Superior Court Appellate Division · 1950