Fox v. Knickerbocker Engraving Co.

Citations

• 140 F. 714
• 1905 U.S. App. LEXIS 4823

Syllabus

<p>■1. Patents — Suit for Infringement — Sufficiency of Bill.</p> <p>In a suit for infringement by an exclusive licensee, the failure of the bill to allege that the license includes the exclusive right to make the patented article may be cured by amendment, where the evidence shows a license to make, as well as to use and vend.</p> <p>2. Corporations — Allegation of Incorporation.</p> <p>An allegation in a bill for infringement that complainant is a corporation duly organized under the laws of a state is sufficient, and need not be proved, unless denied by the answer.</p> <p>[Ed. Note. — For cases in point, see vol. 12, Cent. Dig. Corporations, §§ 2052, 2053, 20G7.]</p> <p>3. Patents — Infringement—Damages Recoverable — Profits and Damages.</p> <p>Both profits and damages are recoverable in a suit for infringement in a proper case.</p> <p>[Ed. Note. — For cases in point, see vol. 38, Cent Dig. Patents, §§ 5G7, 580. '</p> <p>Accounting by infringer for profits, see note to Brickill v. Mayor, etc., of City of New York, 50 O. C. A. 8.]</p>