Victor Talking Mach. Co. v. Fair

Citations

• 123 F. 424
• 61 C.C.A. 58
• 1903 U.S. App. LEXIS 4017

Syllabus

<p>1. Jurisdiction of Federal Courts—Suit Arising under Patent Laws.</p> <p>A suit for an injunction and accounting for the alleged infringement of a patent by the sale of the patented article without license is one arising under the patent laws, of which a Circuit Court of the United States has jurisdiction, although the determination of the question of infringement may also involve the construction or validity of a license contract under which defendant claims the right to sell.</p> <p>2. Patents—Infringement—Right to Attach Conditions to License.</p> <p>The owner of a patent who manufactures and sells the patented article may reserve to himself, as an ungranted- part of his monopoly, the right to fix and control the prices at which jobbers or dealers buying from him may sell to the public, and a dealer who buys from a jobber with knowledge of such reservation, and resells in violation of it, is an infringer of the patent.</p>