Paper Bag Cases
105 U.S. 766

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U.S. Supreme Court

Paper Bag Cases, 105 U.S. 766 (1881)

Paper Bag Cases

105 U.S. 766

Syllabus

1. A party, having the absolute ownership of a patented machine, has the right either to use it during the extended term of the letters patent or to transfer such ownership and right to another.

2. A license for the exclusive use of such a machine within certain territory does not continue longer than the term of the original letters.

3. A licensee cannot, as such, sue for an infringement, but must assert his rights in the name of the original patentee.

4. Where the matter in controversy is merely the costs of suit, an appeal from the decree in which they were taxed will not be considered.

The facts are stated in the opinion of the Court.

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