Goss Printing Press Co. v. Scott

Citations

• 134 F. 880
• 1905 U.S. App. LEXIS 5078

Syllabus

<p>7. Patents — Assignment of Interest — Infringement—Suit for Damages— Parties — Violation of Injunction.</p> <p>Where in a suit for infringement of letters patent an interlocutory decree was made for an injunction and an account, and thereafter the complainant assigned to third persons its entire right, title and interest in and to the letters patent, and took from them a mere license, non-exclusive, and non-assignable except to the successors or assigns of the business then carried on by the complainant, held, (a) that the complainant could not, in the suit as it then stood with respect to parties, recover profits or damages on account of infringement occurring after the execution of the assignment, or proceed against the defendant for a violation of the injunction by reason of such infringement; (b) that to secure an account, in equity, of profits or damages for such infringement it would he necessary to resort to an original bill or a bill of a supplemental nature brought by the licensee and assignees as co-complainants; (c) that in order that proceedings might properly be had for violation of the injunction, by reason of such infringement while the complainant remained a mere licensee, recourse should be had to a bill of the latter character.</p> <p>[Ed. Note. — Accounting by infringer of patent for profits, see note to Brickill v. City of New York, 50 C. C. A. 8.]</p> <p>2. Same — Violation of Injunction — Contempt.</p> <p>Where alleged infringing machines were made and sold by the defendant under letters patent granted to him after the issue of the patent in suit, and before constructing them he consulted counsel and an expert and was advised by them, and believed, that such machines would not embody or contain tbe subject-matter of tbe patent m suit, be should not, in view of his innocence of intention, although an infringer in fact, be punished in contempt^ proceedings, where they are in no sense remedial, but solely of a punitive character.</p> <p>(Syllab