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defendantpatent

Related Cases

Henry v. A.B. Dick Co., 224 U.S. 1, 32 S.Ct. 364, 56 L.Ed. 645, Am.Ann.Cas. 1913D, 880

Facts

The case involves a dispute between A. B. Dick Company, the patentee of a rotary mimeograph, and Sidney Henry, who sold ink to a purchaser of the mimeograph, Christina B. Skou. The sale of the mimeograph was subject to a license restriction that it could only be used with supplies made by A. B. Dick Company. Henry sold ink to Skou with knowledge of this restriction, leading to allegations of contributory infringement. The court was asked to determine whether this sale constituted infringement under patent law.

Issue

Did the acts of the defendants constitute contributory infringement of the complainant's patents?

Rule

A patentee may impose restrictions on the use of a patented machine, and a violation of such restrictions can constitute contributory infringement. The sale of a patented article subject to conditions allows the patentee to enforce those conditions under patent law, and a breach of such conditions can lead to a suit for infringement.

Analysis

The court analyzed whether the sale of ink to Skou, knowing it was to be used with the mimeograph under a license restriction, constituted contributory infringement. The court noted that the defendants could not claim that the sale was non-infringing since they were aware of the license agreement. The court emphasized that the patentee retains rights to enforce restrictions on the use of their patented invention, and thus, the sale of ink in violation of those restrictions was an infringement.

Conclusion

The court concluded that the sale of ink to the purchaser of the rotary mimeograph constituted contributory infringement of the patent.

Who won?

The A. B. Dick Company prevailed in this case as the court affirmed that the sale of ink by Henry to Skou, in violation of the license restriction, constituted contributory infringement. The court's reasoning highlighted the importance of the patentee's rights to impose conditions on the use of their patented inventions and the legal implications of violating those conditions.

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Keywords

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