Straus v. Victor Talking MacHine Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The manner by which the plaintiff obtains the benefit of its patent is by delivering the physical thing, accompanied by á specifically limited use license affixed thereto, on payment by the licensee of a certain initial or cash royalty as a sine qua non to the passing of any title or right of possession or use.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The manner by which the plaintiff obtains the benefit of its patent is by delivering the physical thing, accompanied by á specifically limited use license affixed thereto, on payment by the licensee of a certain initial or cash royalty as a sine qua non to the passing of any title or right of possession or use. The licensee thus obtains a qualified title only in the physical thing with a specific and limited license to use under the patents.’ He acquires possession with full knowledge of the…
1Opinion of the CourtJustice Clarke
It will contribute to brevity to designate the parties to this proceeding as they were in the trial court — the respondent as plaintiff and the petitioners as defendants.
The plaintiff in its bill alleges: That it is a corporation of New Jersey; that for many years it has been manufacturing sound-reproducing machines embodying various feature's covered by patents of which it is the owner, and that, for the purpose of marketing these machines to the best advantage, about August 1st, 1913, it adopted a form of contract which it calls a “license Contract” and a form of notice called a “License…
2Cases cited3 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Bauer & Cie v. O'DonnellSupreme Court of the United States · 1913
- Adams v. BurkeSupreme Court of the United States · 1873
3Cited by85 opinions
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Simpson v. Union Oil Co. of Cal.Supreme Court of the United States · 1964
- United Shoe MacHinery Corp. v. United StatesSupreme Court of the United States · 1922
- United States v. General Electric Co.Supreme Court of the United States · 1926
- United States v. Masonite Corp.Supreme Court of the United States · 1942
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