Aspinwall Mfg. Co. v. Gill

• Decision Date: 18 July 1887
• Citation: Aspinwall Mfg. Co. v. Gill, 32 F. 702 (D. N.J. 1887)
• Parties: ASPINWALL MANUF'G CO. v. GILL and another.
• Court: U.S. District Court — District of New Jersey

32 F. 702

ASPINWALL MANUF'G CO. v. GILL and another.

United States Circuit Court, D. New Jersey.

July 18, 1887

Francis Forbes, for complainant.

F. C Lowthorp, Jr., for defendant.

BRADLEY Justice.

The bill in this case was filed to restrain the infringement of two certain patents granted to L. Augustus Aspinwall,-- one dated February 3, 1880, and numbered 224,123, and the other dated September 19, 1882, and numbered 264,603,-- both for improvements in potato diggers, and both assigned to the complainant by a deed bearing date February 24, 1883. The bill charges the defendants with infringement of the said patents, and prays for a decree for profits and damages. The defenses set up in the answer are-- First, a license; and secondly, an assignment.

The license claimed is the same as that which was set up in the suit on the planter patent, ante, 697, (just decided;) it being claimed under the same agreement, which provided for the manufacture of 100 planter machines and 100 digger machines. I held in that case that the defendants had exhausted the license for the manufacture of planters before the commencement of the suit, and had infringed the patents sued on by manufacturing in excess of the license. In the present case this has not been done. The defendants have not manufactured, all told, but 50 potato diggers of the 100 which they were authorized to manufacture....