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

Annotate this Case

U.S. Supreme Court

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

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

No. 601

Argued April 12, 1935

Decided May 13, 1935

295 U.S. 392

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. 295 U. S. 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.

Page 295 U. S. 393

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