BAYER CO. v. AMERICAN SHIPBUILDING CO.

No. 4082.

2 F.2d 1014 (1924)

BAYER CO. v. AMERICAN SHIPBUILDING CO. et al.

Circuit Court of Appeals, Sixth Circuit.

December 2, 1924.


Attorney(s) appearing for the Case

Chas. E. Brock and Hull, Brock & West, all of Cleveland, Ohio, for appellant.

Kelley, David & Cottrell, of Cleveland, Ohio, for American Shipbuilding Co. Fay, Oberlin & Fay, Jesse B. Fay, and Horace B. Fay, all of Cleveland, Ohio, for Douglas Brews.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


PER CURIAM.

The defendant Shipbuilding Company had a written license from the defendant patentee to use the invention for a specified purpose. It proceeded to use the invention for a purpose which might or might not be within its license, according to the true construction. It notified the patentee, who approved, and accepted royalty thereon. While this course of business was continuing, the plaintiff took an exclusive license under the same patent, but expressly...

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