National Phonograph Co. v. Schlegel
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Iowa. The bill alleges that complainant is a New Jersey corporation, and defendants are citizens of Iowa; that complainant is the exclusive licensee for the sale of Edison phonographs, record blanks, and records, covered by letters patent owned by the Edison Phonograph Company; that, in conformity with its established plan of selling the articles covered by its license and such letters patent,…
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Appeal from the Circuit Court of the United States for the Southern District of Iowa. The bill alleges that complainant is a New Jersey corporation, and defendants are citizens of Iowa; that complainant is the exclusive licensee for the sale of Edison phonographs, record blanks, and records, covered by letters patent owned by the Edison Phonograph Company; that, in conformity with its established plan of selling the articles covered by its license and such letters patent, complainant, on April 27, 1901, entered into a contract in writing, called “Jobber’s Agreement.” with defendants, whereby,…
1Opinion of the CourtVan Devanter, Circuit Judge
This is not a suit by the patentee or an assignee to enjoin the infringement of a patent, but is a suit by an exclusive licensee for the sale of articles embodying the patented invention.or discovery to restrain the future violation of an underlicense or contract for the sale of such articles by a sublicensee. However, the validity of the under-license or contract and the right of the licensee to restrain future sales in violation thereof must necessarily be determined by the patent laws, and by the rules applicable to a suit by a patentee or an assignee to enjoin the infringement of a…
2Cases cited9 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
- Fowle v. ParkSupreme Court of the United States · 1889
- Victor Talking Mach. Co. v. FairCourt of Appeals for the Seventh Circuit · 1903
- Garst v. HarrisMassachusetts Supreme Judicial Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Winchester Repeating Arms Co. v. OlmstedCourt of Appeals for the Seventh Circuit · 1913
- Hartman v. John D. Park & Sons Co.U.S. Circuit Court for the District of Kentucky · 1906
- New Jersey Patent Co. v. SchaefferU.S. Circuit Court for the District of Eastern Pennsylvania · 1908
- Cutler-Hammer Mfg. Co. v. Union Electric Mfg. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
8 more not listed; retrieve them via the Exa API.