Operative Service Corp. v. McIntyre Pump Co.

The plaintiff, the McIntyre Pump Company, was the owner of a United States patent and patent rights covering a device known as the McIntyre pump and oil well cleaner, and one complete unit or outfit for operating the same. In July, 1925, plaintiff company made a written contract with the defendant Operative Service Corporation, whereby plaintiff sold and asssigned to the defendant the patent and patent rights and exclusive right and privilege to manufacture, build, operate, lease and deal in other units of such device on a royalty basis of 10 per cent of the net earnings that defendant might…