Holliday v. Long Manufacturing Co.

GILLIAM, District Judge.

Plaintiff, owner of a patent on a tobacco harvester, sues defendants for infringement and asks for an injunction and damages. Defendants move to dismiss under Rule 12(b), 28 U.S.C.A., for failure to join an indispensable party, namely, Harrington Manufacturing Company, Inc., plaintiff’s licensee.

By written instrument plaintiff granted to the Harrington Company for the life of the patent “exclusive rights to manufacture and sell” the patented article. The agreement stated that the parties “may at their option jointly enter suit against other parties believed to be…