Bell & Howell Co. v. Bliss
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Donald M. Bliss against the Bell & Howell Company and George K. Spoor. From an order granting a temporary injunction, defendant Bell & Howell Company appeals.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by Donald M. Bliss against the Bell & Howell Company and George K. Spoor. From an order granting a temporary injunction, defendant Bell & Howell Company appeals. Appellant entered into a contract with appellee Spoor, whereby the latter secured the exclusive right to use, for a period of five years, a certain machine that embodied a patent held by appellant. It was also agreed that appellant would sell as many machines for $400 each as the licensee might require. In…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). [1] We find no theory upon which we can sustain the order granting the injunction. The agreement which called for the payment of §140,000, to recover an installment of which appellant brought this action in the state court, was a patent license contract. The two determining paragraphs are:
“The party of the first part hereby gives and grants to the party of the second part the exclusive right to use and to have used the said step printing machine as embodied in the aforesaid letters patent and applications, viz.” etc.
“The.party of the second part hereby…
2Cases cited14 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Aspinwall, Manuf'g Co. v. GillUnited States Circuit Court · 1887
- In Re Tampa Suburban Railroad CompanySupreme Court of the United States · 1897
- Blackledge v. Weir & Craig Mfg. Co.Court of Appeals for the Seventh Circuit · 1901
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3Cited by22 opinions
- Estado Libre Asociado v. AguayoSupreme Court of Puerto Rico · 1958
- Cedar Memorial Park Cemetery Ass'n v. Personnel Associates Inc.Supreme Court of Iowa · 1970
- Frank Adam Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1945
- Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
- Newman v. StockerCourt of Appeals of Maryland · 1932
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