Herman v. Detroit Shipbuilding Co.

TUTTLE, District Judge.

This is a motion to dismiss the bill of complaint herein (which alleges infringement of a patent of the plaintiffs and seeks the usual injunction and accounting) on the ground that the plaintiffs have assigned all of their right, title, and interest in said patent, and are not now the owners thereof, but that the assignee, the present owner, is a necessary party to this suit.

It is undisputed that the assignment in question was not made until after the commencement of this suit, and that in making such assignment the plaintiffs expressly reserved to themselves the right…