Sherbourne v. Willcox & Gibbs Sewing Mach. Co.

Citations

• 119 F. 371
• 1902 U.S. App. LEXIS 5271

Syllabus

<p>1. Patents—Action foe Royalties—Defense of Adjudged Invalidity of Patent.</p> <p>It must clearly and certainly appear from the opinion of the circuit court of appeals in an infringement suit that the court held the patent void, before such decision can be availed of, as matter of law, to defeat an action to recover royalties from a licensee under such patent.</p> <p>¶ 1. Effect of previous adjudications as to patents on circuit court of appeals, see notes to Thomson-Houston Electric Co. v. Hoosick Ry. Co., 3 C. C. A. 565; National Cash Register Co. v. American Cash Register Co., 27 C. C. A. 427; Emigration Co. v. Gallegos, 32 C. C. A. 475.</p>