Wilcox & Gibbs Sewing Mach. Co. v. Sherborne

Citations

• 123 F. 875
• 59 C.C.A. 363
• 1903 U.S. App. LEXIS 4041

Syllabus

<p>1. Patents—Action fob Royalties—Defense of Adjudged Invalidity of Patent.</p> <p>A decree dismissing a bill for infringement of a patent, filed by a licensee thereunder, where the defenses pleaded were the invalidity of the patent and noninfringement, and the decree is not based specifically on either, will not be construed as an adjudication of the invalidity of the patent, which will be conclusive to relieve the complainant from liability for further royalties under the license contract.</p> <p>'2. Res Judicata—Matters Concluded by Judgment.</p> <p>Where, in an action to recover royalties from a licensee under a patent, defendant pleaded as a defense that the contract had terminated by reason of the invalidity of the patent relied on to continue it in force, a judgment for plaintiff is conclusive between the parties upon such issue, which cannot be raised by defendant, and again litigated in a second action to recover royalties subsequently accruing.</p> <p>¶ 2. See Judgment, vol. 30, Cent. Dig. § 1133.</p>