Talbot v. Quaker-State Oil Refining Co.

KIRKPATRICK, District Judge.

The appellants, co-owners of a patent for a non-refillable drum for storing lubri- . eating oil, brought this suit for infringement against the appellee. The Court below, sustaining a special defense, dismissed the bill upon the ground that a judgment of the Supreme Court of Pennsylvania to the effect that Talbot, one of the two appellants, had licensed the appellee was conclusive against the parties to this suit under the rule of res judicata; and that ruling presents the question for review.

The essential facts are as follows: In September, 1931, Talbot assigned…