Wilson v. American Circular Loom Co.

Citations

• 187 F. 840
• 109 C.C.A. 600
• 1911 U.S. App. LEXIS 4249

Syllabus

<p>1. Reference (§ 99*) — Report of Auditor — Use as Evidence.</p> <p>Under the practice and decisions in Massachusetts, the report of an auditor appointed in an action at law is admissible in evidence on a trial of the case to a jury.</p> <p>[Ed. Note. — For other cases, see Reference, Cent. Dig. §§ 148-150; Dec. Dig. § 99.*]</p> <p>2. Patents (§§ 210, 218*) — Implied License to Use Patented Article — Shop Right — Invention by Empi.oyé.</p> <p>Plaintiff was employed by defendant as superintendent of its factory, in which it manufactured flexible tubing for covering electric wire, and it was a part of Ms duty to improve defendant’s machinery. While so employed he made important improvements in machines for making such tubing ;• the entire cost of his experiments, the perfecting of his invention, the construction of a practicably operative machine, and the taking out of a patent therefor being paid by defendant, ■ which also paid for the construction of machines which were installed in its factory under plaintiff’s direction. During the time the machines were so used, plaintiff's salary was increased from $1,800 to $5,000 per year. Held that, on such facts, defendant had at least a shop right or implied license to use those particular machines without payment of compensation to plaintiff, and, in the absence of evidence warranting a finding of an agreement to pay therefor, an action to recover for such use was not maintainable.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 301, 302, 330-338; Dee. Dig. §§ 210, 218.*]</p>