Sproull v. Pratt & Whitney Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New 'York. De Laney Kennedy was In his lifetime a citizen and resident of the state of New York, and died on or about January 16, 1803, leaving a last will and testament which was duly probated.
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Appeal from the Circuit Court of the United States for the Southern District of New 'York. De Laney Kennedy was In his lifetime a citizen and resident of the state of New York, and died on or about January 16, 1803, leaving a last will and testament which was duly probated. The complainant, a citizen and resident of the state of New York, was appointed administratrix with the will annexed of his estate on September 24, 1804. The defendant is a corporation under the laws of the state of Connecticut. Prior to May 26, 1888, Kennedy was the owner of four letters patent of the United States, — the…
1Opinion of the CourtShipman, Circuit Judge
(after stating the facts as above). The complainant construes the contract to be a continuing and indivisible agreement for the payment of the specified percentage of proceeds upon the sales of a11 machines and other articles made in accordance with expired or unexpired patents. Unless the contrary appears to have been the intention of the parties, the presumption is that, under a license for the exclusive right to manufacture and sell under a patent, royalties are not payable upon articles manufactured and sold after the expiration of (lie life of the patent. Parties may, of course, contract…
2Cases cited1 opinion
- Du Bois v. KirkSupreme Court of the United States · 1895
3Cited by14 opinions
- Robert J. Rule v. Brine, Inc., Also Known as W.H. Brine Company, and William H. Brine, Jr.Court of Appeals for the Second Circuit · 1996
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- E. R. Squibb & Sons v. Chemical Foundation, Inc.Court of Appeals for the Second Circuit · 1937
- Ar-Tik Systems, Inc. v. Dairy Queen, Inc.Court of Appeals for the Third Circuit · 1962
- Lathrop v. Rice & Adams CorporationDistrict Court, W.D. New York · 1936
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