Pope Manufacturing Co. v. Gormully
Citations
- 144 U.S. 224
- 12 S. Ct. 632
- 36 L. Ed. 414
- 1892 U.S. LEXIS 2074
Syllabus
<p>A court of equity will not enforce the specific performance of a contract wherein the defendant, in consideration of receiving a license to use certain patents belonging to the plaintiff during the life of such patents, agrees never to import, manufacture or sell any machines or devices covered by certain other patents, unless permitted in writing so to do, nor to dispute or contest the validity of such patents or plaintiff’s title thereto, and further to aid and morally assist the plaintiff in maintaining public respect for and preventing infringements upon the same, and fur-1 ther agrees that if, after the termination of his license, he shall continue to make, sell or use any machine or part thereof containing such patented inventions, the plaintiff shall have the right to treat him as an infringer, and to sue out an injunction against him without notice.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It is as important to the public that competition should not be repressed by worthless patents, as that the patentee of a really valuable invention should be protected in his monopoly.”
- “It is as important to the public that competition should not be repressed by worthless patents, as that the patentee of a really valuable invention should be protected in his monopoly.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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