Excelsior Wooden-Pipe Co. v. Allen
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. The appeal in this case is taken from a final order and decree dismissing the suit as to one of the parties complainant.
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Appeal from the Circuit Court of the United States for the Northern District of California. The appeal in this case is taken from a final order and decree dismissing the suit as to one of the parties complainant. The Excelsior Wooden-Pipe Company, claiming to be the licensee of patent rights granted to it by Charles P. Allen, the inventor and patentee of an improvement relating to wooden pipes, joined the said Charles P. Allen as a co-complainant in a suit against the Pacific Construction Company, claiming that the latter had infringed the rights so conveyed to the licensee. The bill alleged…
1Opinion of the CourtGilbert, Circuit Judge
The questions which are involved in this case were fully considered by this court in the case of Brush Electric Co. v. California Electric Light Co., 3 C. C. A. 368, 52 Fed. 945, in which it was held that the grant by the owner of a patent of an exclusive license to sell the patented article in a specified territory carries with it the implied authority to join the patentee, even against his will, as a party plaintiff in suits against infringers. It is unnecessary to reconsider the grounds upon which that conclusion was reached. It is contended that a different question is here presented from…
2Cases cited10 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Gayler v. WilderSupreme Court of the United States · 1851
- Littlefield v. PerrySupreme Court of the United States · 1875
- United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
- Osgood v. FranklinNew York Court of Chancery · 1816
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3Cited by4 opinions
- Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
- Innis, Speiden & Co. v. Food Machinery Corp.District Court, D. Delaware · 1942
- Radio Corp. of America v. Independent Wireless Telegraph Co.District Court, S.D. New York · 1923
- Timolat v. Philadelphia Pneumatic Tool Co.U.S. Circuit Court for the District of Southern New York · 1904