Niagara Fire Extinguisher Co. v. Hibbard

Citations

• 179 F. 844
• 103 C.C.A. 330
• 1910 U.S. App. LEXIS 4720

Syllabus

<p>1. Patents (§ 213*) — Licenses—1Transfer by Licensee.</p> <p>A corporation which took from another corporation, afterward dissolved, all of its property, contracts, and good will, by a bill of sale which warranted title, and without assuming any of the liabilities of the grantor, was not the legal successor of such grantor and did not succeed to its rights under a contract granting it a license under a patent which by its terms was not assignable without the consent of the patentee. i</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 315-320; Dec. Dig. § 213.*]</p> <p>2. Patents (§ 213*) — License—Transfer by. Licensee.</p> <p>A finding that a patentee had not given his consent to the transfer of a license contract from the licensee to another corporation and was not estopped to deny the validity of such transfer held sustained by the evidence.</p> <p>[Ed. Note. — For other cases, see Patents, Dec. Dig. § 213.*]</p> <p>3.-Patents (§ 311*) — Suit for Infringement — Issues and Proofs.</p> <p>A defense of noninfringement pleaded in the answer in an infringement suit is not waived by a further defense of license, but raises an issue of fact under which complainant has the burden of proof, and defendant is not estopped by pleading the license from contesting such issue.</p> <p>[Ed. Note. — For other cases, see Patents, Dec. Dig. § 311.*]</p> <p>4. Words and Phrases — “Responsibility.”</p> <p>The primary meaning of “responsibility” is the state of being answerable for an obligation. A secondary meaning is the ability to pay.</p> <p>[Ed. Note. — For other definitions, see Words and Phrases, vol. 7; p. 6179.]</p>