Hurd v. James Goold Co.

Citations

• 197 F. 756
• 1912 U.S. Dist. LEXIS 1483

Syllabus

<p>1u Patents (§ 327*) — Infringement—Conflicting Decisions in Different Circuits.</p> <p>Decisions of the federal courts in certain circuits holding a patent void in suits against manufacturers of articles which infringe if the patent is valid, although not appealed from, cannot protect purchasers of such infringing articles from the defendants in such suits in vending the same in another circuit after the Supreme Court has adjudged the patent valid, as against an exclusive licensee who acquired his rights before such decisions were rendered.</p> <p>[Ed. Note. — For other eases, see Patents, Cent. Dig. §§ 620-625; Dec. Dig. § 327.*]</p> <p>2. Patents (§ 289*) — Suit for Infringement — Laches.</p> <p>The owner of a patent or a licensee thereunder is not barred by laches from maintaining a suit for infringement because of delay during the time the patent was being litigated in other suits, and especially where the decisions as to its validity were conflicting.</p> <p>[Ed. Note. — For other eases, see Patents, Cent. Dig. §§ 467-469; Dec. Dig. § 289.*</p> <p>Laches as a defense in suits for infringement of patents, see notes to Taylor v. Sawyer Spindle Co., 22 C. C. A. 211; Richardson v. D. M. Osborne & Co., 36 C. C. A. 613.]</p> <p>3. Patents (§ -328*) — Infringement—Rubber Tired Wheel.</p> <p>The Grant patent, No. 554,675, for a rubber tired wheel, construed, and held infringed.</p> <p>4. Patents (§ 327*) — Suits for Infringement — Parties.</p> <p>That the owner of a patent who joins with an exclusive licensee in certain territory in a suit for infringement within such territory has been enjoined in another jurisdiction from prosecuting such suit does not affect the right of the licensee, who may maintain the suit alone.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 620-625; Dec. Dig. § 327.*]</p>