Ruckstell Sales & Mfg. Co. v. Starr Transmission Corp.

This action in equity is brought in the principal behalf of Ruekstell Sales & Manufacturing Company, a corporation, one of the plaintiffs named. The prayer is for an injunction and damages.

Infringement is charged of patent rights alleged to be held by said plaintiff as licensee of Perfecto Gear Differential Company, a corporation. The latter (which will hereinafter be designated as Perfecto Company) was made a party plaintiff without its consent, in order that the licensee might protect the rights alleged to be possessed by it. The license right affecting the patents to which it is attached is a broad one; it is an exclusive right to make and sell within the United States and Canada.

The Perfecto Company has appeared and by motion asks to be dismissed as party plaintiff, consenting at tbe same time to be made a party defendant, if the court shall determine that the suit is maintainable at all. Both sides recognize it as the law (stating a general rule) that a mere licensee, possessing no right of ownership in a patent, cannot maintain an action against third party infringers. At the same time it must be conceded, also, at least in equity, that even against the consent of the…