American Graphophone Co. v. Boston Store

Citations

• 225 F. 785
• 1915 U.S. Dist. LEXIS 1308

Syllabus

<p>1. Patents <2=191—Rights op Patentees—Contracts.</p> <p>A patentee may, while exercising any of his three co-ordinate monopoly rights of making, selling, and using, reserve by proper agreement such portion thereof as he may see fit; but after he has once allowed the patented article to pass out of the monopoly, without committing, by proper agreement, the one to whom the article comes to the observance of an obligation on his part, he cannot recall it, or claim that by notice he has burdened the article with such reservation.</p> <p>TEd. Note.—For other cases, see Patents, Cent. Dig. § 268; Dee. Dig. <8=191.]</p> <p>2. Patents <8=191—Rights oe Patentee—Contracts.</p> <p>An agent or vendee of a patentee may, by direct covenant, bind himself to the observance of jirice restriction imposed as a condition on which exclusive right of sale by the patentee is being exercised.</p> <p>I Ed. Note.—For other cases, see Patents, Cent. Dig. § 268; Dec. Big. <@=191J</p> <p>3. Patents <8=257—Rights op Patentee—Contracts.</p> <p>Whether a violation of a contract by an agent or vendee of a patentee to observe price restriction, imposed as a condition on which exclusive right of sale by patentee is being exercised, may be dealt with as for infringement or breach of contract, enforceable in equity, is immaterial as between the parties, except only as it may affect the jurisdiction of the court to be invoked; but, where the contract is to be taken as the measure of the agent or vendee’s right, a failure to observe its stipulation is an infringement.</p> <p>[Ed. Note.—For other cases, see Patents, Dec. Dig. <3=257.]</p> <p><S=Far oilier eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>