Guaranty Trust Co. v. Johns-Manville Corp.

KNOX, District Judge.

Plaintiffs are trustees under the will of James W. Dillon, deceased. As such they are the owners of United States letters patent No. 1,385,741, July 26, 1921, for a sound deadener for building structures, of which decedent was both inventor and patentee.

Upon March 22, 1922, Dillon made an agreement with an assignor of defendant, under which the latter, in consideration of specified royalty payments, has acquired an exclusive license to manufacture, have manufactured and sell the perforated textile fabric membrane shown and described in the patent. Dillon assumed and…