Rupp & Wittgenfeld Co. v. Elliott

Citations

• 131 F. 730
• 65 C.C.A. 544
• 1904 U.S. App. LEXIS 4315

Syllabus

<p>1. Patents — Conditional License to Usees — Contributory Infringement,</p> <p>It is within the right of the owner of patents for machines used by retail dealers to fasten buttons on shoes for customers to furnish such machines to users, without charge, under a license which permits their use only with wire purchased from such owner; and one who, with knowledge of such restriction, manufactures and sells to such users wire put up on spools in the exact form required for use on such machines, and which is suitable for no other use, with the intention that it shall be used on such machines, is liable as a contributory infringer.</p> <p>2. Same — Suit for Infringement — Jurisdiction.</p> <p>A suit which raises a question of infringement is one arising under the patent law, and the fact that the patentee may also have a remedy by action for breach of contract does not defeat the jurisdiction.</p> <p>¶ 4 See Patents, vol. 38, Cent. Dig. § 402.</p>