Consolidated Fruit Jar Co. v. Mason

Citations

• 7 Daly 64

Syllabus

<p>When a patentee in an agreement for the formation of a corporation, for a valuable ■consideration, transfers to tire corporation his patent, and agrees that any extension of the patent shall be for the benefit of and belong to the corporation, and afterwards, while a trustee of the corporation, obtains a reassignment of the patent for the purpose of obtaining an extension, obtains an extension, but before doing so secretly grants to a third party a license to use and make the patented invention under the extension, and then assigns the extended patent to the corporation, such a grant is a violation of trust, a fraud upon the corporation, and the use of the license by the grantee, with notice, may be restrained by injunction.</p> <p>By an agreement, otherwise valid, made prior to an application by a patentee for a. renewal of his patent, a person may acquire from the patentee the right to such renewal when obtained, and such agreement is not in fraud of the law which allows such renewal only to the patentee.</p> <p>A judgment in an equity case will not be reversed on account of the admission of irrelevant evidence on the trial, unless the appellate court is satisfied that the decision of the judge who heard the case was improperly afilected by it.</p>