Waldo v. American Soda Fountain Co.

Citations

• 92 F. 623
• 1899 U.S. App. LEXIS 2981

Syllabus

<p>Patents — License to Sell and Manufacture--Construction.</p> <p>The complainant, toeing the owner of letters patent of the United States No. 264,586, for an improvement in soda-water apparatus, executed a license to a lirm, conferring upon it, among other filings, the exclusive right to make, use and sell rhe patented invention as applied to new' soda-w'ater apparatus “of their own manufacture only,” and providing that the license “shall toe binding on the parties hereto, their heirs, successors, administrators or assigns, and shall be valid until the 19th day of September, 1899, or unless sooner terminated toy the written consent of both parties hereto.” Held, on consideration of all the provisions in the license, that in imposing the restriction “of their own manufacture only” the complainant intended that the right to make, use and sell the patented invention as applied to new apparatus should only he confined to such person or persons as should hold the license from time to time during its term and manufacture such apparatus, and not exclusively to the firm, and that therefore the license was assignable.</p> <p>(Syllabus by the Court.)</p>