Harshberger v. Tarrson, 10081.
| Decision Date | 26 October 1950 |
| Docket Number | No. 10081.,10081. |
| Citation | 184 F.2d 628 |
| Parties | HARSHBERGER v. TARRSON et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Alwin F. Pitzner, Edward W. Osann, Jr., Chicago, Ill. (Carlson, Pitzner, Hubbard & Wolfe, Chicago, Ill., of counsel), for appellant.
Albert F. Mecklenburger, Arthur B. Seibold, Jr., Chicago, Ill. (Sidney Neuman, Thiess, Olson & Mecklenburger, Chicago, Ill., of counsel), for appellees.
Before KERNER, DUFFY and LINDLEY, Circuit Judges.
Plaintiff, owner of certain patents on safety razors, brought suit charging defendants with infringement and with violation of plaintiff's alleged rights under the Fair Trade Act of Illinois, Smith-Hurd's Rev. Stat. Chap. 121½, Secs. 188 to 191 incl. He sought also recovery, as he says, "for grave damage to and impairment of plaintiff's property interest and good will attaching to his inventions and the patents in suit resulting from the unlawful acts of defendants." The District Court, upon defendants' dual motion for summary judgment and to dismiss the complaint, granted summary judgment against plaintiff upon the charge of infringement and dismissed the complaint as to the other charges. Assigning error as to each of these actions, plaintiff has perfected this appeal.
The District Court filed an extended memorandum opinion, in which the pertinent facts are related, accompanied by adequate discussion of the legal authorities which it thought compelled its decision. Harshberger v. Tarrson, 87 F.Supp. 43. Inasmuch as we agree with what is said in that opinion and it would serve no good purpose to reiterate the facts or to extend the discussion, we incorporate it herein by way of reference and adopt it as a part hereof.
We should, perhaps, give consideration to plaintiff's assertion that the cases upon which the District Court relied, Keeler v. Standard Folding-Bed Co., 157 U.S. 659, 15 S.Ct. 738, 39 L.Ed. 848, Mitchell v. Hawley, 16 Wall. 544, 83 U.S. 544, 21 L.Ed. 322, have been limited in their ultimate effect by the Supreme Court's announcement in General Talking Pictures Corporation v. Western Electric Co., 304 U.S. 175, 546, 58 S.Ct. 849, 82 L.Ed. 1273.
It will be remembered that under the patentee's license to Stahly, the latter became the exclusive licensee for the manufacture and sale of razors embodying the patentable features of plaintiff's patents; that therefor Stahly agreed to pay specified royalties; that the goods here involved had been manufactured while the license was still in full force and effect; that Stahly had failed to pay the royalties as agreed but had consented that the manufacturer who had made the razors for it might pledge the goods for a loan and that the loan was made and the pledged property eventually sold in satisfaction thereof. The District Court held that Stahly had the exclusive right to have the razors manufactured and, under the license...
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...merely a means to that end." (Citations omitted.) See also Harshberger v. Tarrson, 87 F.Supp. 43, 45-46 (N.D.Ill.1949), affirmed, 184 F.2d 628 (7th Cir.1950). 42. The patent exhaustion doctrine is so strong that it applies even to an incomplete product that has no substantial use other than......
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...use the chlorendic for any purpose, including resale. See Harshberger v. Tarrson, 87 F.Supp. 43, 45 (N. D.Ill.1949), affirmed, 184 F.2d 628 (7th Cir. 1950), and cases cited therein. See also Curtiss Aeroplane & Motor Corp. v. United Aircraft Engineering Corp., 266 F. 71, 77-79 (2d Cir. 1920......
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Cyrix Corp. v. Intel Corp.
...his reward for the use of the article."). 37. The Court in Harshberger v. Tarrson, 87 F.Supp. 43, 45-46 (N.D.Ill.1949), aff'd 184 F.2d 628 (7th Cir.1950) also recognized that a conventional sale is not required to trigger patent exhaustion. In Harshberger, a patent license granted the right......
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Unilectric, Inc. v. HOLWIN CORPORATION
...of his rights and remedies under the license agreement. United Mfg. & Service Co. v. Holwin Corp., supra, citing Harshberger v. Tarrson, 7 Cir., 184 F.2d 628, 629. In the trial the district court attempted to hold plaintiff to the rule in producing its evidence that as a licensee it could n......