Davis v. A. H. Reid Creamery & Dairy Supply Co.

Citations

• 187 F. 157
• 1911 U.S. App. LEXIS 5386

Syllabus

<p>1. Patents (§ 289*) — Suit fob Infringement — Laches.</p> <p>Mere delay in the bringing of a suit for infringement of a patent, where It was because of the inability of the owner to bear the expense of the litigation, is not such laches as will defeat the suit.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 467-469; Dec. Dig. § 289.»</p> <p>Laches as a defense in suits for infringement, see notes to Taylor v. Sawyer Spindle Co., 22 C. C. A. 211; Richardson v. D. M. Osborne & Co.. 36 C. O. A. 613.]</p> <p>2. Champerty and Maintenance (§ 4*) — Champertous Contract — Infringement Suit — Agreement by Licensee to Advance Costs.</p> <p>An agreement by a licensee under a patent to pay the expense of a suit for its infringement in the first instance, to be reimbursed therefor from the proceeds of the suit or by credit on royalties under its license, where the owners of the patent were without means to conduct the litigation, is not champertous.</p> <p>[Ed. Note. — For other cases, see Champerty and Maintenance, Cent. Dig. §§ 4, 9, 11-19; Dec. Dig. § 4.*]</p> <p>3. Patents (§ 328*) — Anticipation—Cream Separator.</p> <p>Tlie Davis patent, No. 521,104, for a centrifugal separator for liquids, is void for anticipation by the German patent to Schultz of 1890.</p>