New York Continental Jewell Filtration Co. v. City of Sullivan

Citations

• 111 F. 179
• 1901 U.S. App. LEXIS 4958

Syllabus

<p>1. Parties—Federal Courts—Conformity to State Practice.</p> <p>Rev. St. § 911, requiring federal courts to conform to the state practice in civil actions at law, does not authorize the maintenance of an action at law, exclusively cognizable in such courts, by any one except the owner of the legal title to the cause of action, notwithstanding a state statute requiring all actions to be brought in the name of the real party in interest.1</p> <p>2. Patents—Action at Law for Infringement—Parties.</p> <p>Where Uxe owner of a patent has granted an exclusive license to make and sell, hut not to use, the patented article within a specified territory, an action at law against an infringer by using the article within such territory can only be maintained in the name of the licensor, though it may be brought for the joint, use of the licensee where he is entitled by the terms of the license to a share of the damages recovered.</p>