Lane & Bodley Co. v. Locke

Citations

• 150 U.S. 193
• 14 S. Ct. 78
• 37 L. Ed. 1049
• 1893 U.S. LEXIS 2373

Syllabus

<p>In 1871 L. & B., being partners, commenced tlie manufacture of hydraulic elevators in Cincinnati. S-. was employed by them as engineer and draughtsman at a fixed salary of-ü>1200 per annum. While in their employ, and while using their tools and patterns, he invented a stop-valve in 1872, which was patented In February, 1870. In 1876 the partnership was dissolved, and a corporation was formed, called the L. & B. Company, in which the same business was instantly vested -in the same interests, and remained there. Meanwhile S. ceased in 1874 to serve L. & B. as engineer and draughtsman, and went into their employ as consulting engineer, at a salary of $2000 per annum. The duties of the latter office did not require him to reside in Cincinnati. He served the partnership in this capacity up to its dissolution, and from that time served the corporation in the same capacity up to 1884. The partnership with his' knowledge used his valve in the elevators constructed by them until its dissolution, and after that the corporation used it in the same way and with the like knowledge,. In 1884 S. severed his connection with the corporation. During all this time he made no claim for remuneration for the use of his patent, arid when asked why he had not, replied that he did not desire to 'disturb his friendly relations with the L. & B. Company. In 1884 he filed this bill in equity, with the usual prayers for an accounting and for an injunction. Held,</p> <p>(1) That, on authority of MoGlurg v. Kingsland, 1 How. 202, it might be presumed that S. had licensed B. & B. and the L. & B. Company . to use his invention;</p> <p>(2) That, on the authority of Solomons v. United States, 137 U. S. 342, it might be presumed that S. had recognized an obligation, flowing from his employment by the partnership and by the corporation, to permit them to use his invention;</p> <p>(3) That he was guilty of laches-in allowing so long a period to elapse , before asserting his rights ;</p> <p>(4) That th