Hardwick v. Galbraith

Citations

• 147 Pa. 333
• 23 A. 451
• 1892 Pa. LEXIS 843

Syllabus

<p>Patent — Contract—Estoppel of licensees.</p> <p>Where the owner of a patent and a licensee agree that in case the patent shall be declared invalid by any court of competent jurisdiction, the payment of the license fee shall thereupon cease, it is incompetent for the licensee to allege the invalidity of the patent before it is so judicially declared.</p> <p>It seems that a licensee of a patent cannot question its validity during the continuance of the license.</p> <p>License — Monopoly—Consideration.</p> <p>A mere license to use a patent confers upon the licensee no monopoly, and he cannot set up as a defence to an action for royalties that the consideration had failed by reason of the invalidity of the patent, in consequence of which the invention was used by other manufacturers.</p>