Peters Patent Corp. v. Bates & Klinke, Inc., 295 U.S. 392 (1935)

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Peters Patent Corp. v. Bates & Klinke, Inc.


No. 601


Argued April 12, 1935
Decided May 13, 1935
295 U.S. 392

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT

Syllabus

1. A sale by a patentee of all his interest in a pending suit to enjoin infringement and for an accounting, but passing no right in the patent, gives the purchaser no right to an injunction, and hence no right to intervene. P. 394.

2. It is the right to an injunction which underlies the equitable jurisdiction in such suits. Id.

3. A plaintiff in a suit to enjoin infringement of his patent and for an accounting, who sells his entire interest in the suit but retains the patent, can no longer maintain the suit. Id.

Certiorari to review 73 F.2d 303 dismissed.

Certiorari, 294 U.S. 700, to review the reversal of an interlocutory decree of injunction, 4 F.Supp. 259, in a patent case.