Excelsior Wooden Pipe Co. v. City of Seattle

Citations

• 117 F. 140
• 55 C.C.A. 156
• 1902 U.S. App. LEXIS 4423

Syllabus

<p>1. Patents—Suit for Infringement—Severance for Purpose of Appeal.</p> <p>A licensee under a patent, having the right to join the patentee as a co-complainant in a suit for infringement with or without his consent is entitled to prosecute an appeal from an adverse decree in such a suit, although the patentee declines to join in such appeal, by having him summoned, and his refusal entered of record.</p> <p>3. Equity—Prater for Discovery—Sufficiency of Bill.</p> <p>A prayer for discovery in a bill may be disregarded where the bill propounds no interrogatories, and answer under oath is expressly waived.</p> <p>8. Patents—Licensee—Right to Sue for Infringement.</p> <p>A grant by a patentee of the exclusive right to manufacture and sell • the patented article within a specified territory is a mere license, which conveys no title to the patent within such territory, and no exclusive right of use therein which entitles the grantee to sue for infringement one who uses the article, manufactured by others outside of the territory.</p>