Genese v. H. K. Mulford Co.

Citations

• 231 Pa. 80
• 79 A. 932
• 1911 Pa. LEXIS 795

Syllabus

<p>Equity — Account—Patents—Royalty—Undisturbed enjoyment of license.</p> <p>1. In a proceeding in equity for an accounting for royalties claimed under an agreement for the manufacture by the defendant of an article under a patent owned by the plaintiff, where the auditor has found, upon sufficient testimony, that the defendant was making the articles under the plaintiff’s patents without interference or attempted interference by anyone and that no other person was using or claiming the right to use any of the inventions covered by the agreement, the licensee is bound to pay the stipulated royalty.</p> <p>2. A licensee receiving the benefits of a patent is bound to pay the stipulated royalty.</p>