Sherman, Clay & Co. v. Searchlight Horn Co.

Citations

• 225 F. 497
• 140 C.C.A. 539
• 1915 U.S. App. LEXIS 2120

Syllabus

<p>1. Action <3=09—Restraining Infringement Suit—Suit against Several Dealers—Joint or Independent Tqrt-Fbasobs.</p> <p>In a suit by the owner of a patent for a horn for phonographs, not a manufacturer of the patented article, to enjoin infringement and for an accounting by a dealer in horns manufactured under the patent selling to retailers and itself purchasing from a vendor purchasing from unknown manufacturers, the defendant was not entitled to a stay of the suit on the grounds that complainant, after its commencement, began a suit to enjoin defendant’s vendor from infringement and for an accounting, that otherwise the present suit and other similar suits against purchasers from the same vendor would result in irreparable injury to such vendor, and that the recovery and satisfaction of judgment against such vendor would operate to release the article from the patent monopoly and leave defendant free to deal therein, since all dealers in such patented article without license from the patentee are tort-feasors who may be enjoined from dealing in such article, and since there may be as many causes of action and as many recoveries as there are joint tort-feasors, but only one satisfaction; and since the right to sue independent tort-feasors separately and prosecute to recovery and satisfaction in each case is also clear.</p> <p>¡lid. Note.—For other cases, see Action, Cent. Dig. §§ 741-751; Dec. Dig. <©=(!9.j</p> <p>2. Patents <3=312—Suit foe. Infringement—Burden of Proof.</p> <p>In a suit by the owner of the patent to enjoin its infringement by a dealer purchasing from one purchasing from unknown manufacturers, the burden is on the dealer to show that he is dealing with an article under license from the patentee, or in articles from which the patent monopoly has been released or removed.</p> <p>other cayos see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>LEd. Note.—For other cases, see Patents, Cent. Dig. §§ 544-549; Dec. Dig. <®=>312.]</p>