Ruckstell Sales & Mfg. Co. v. Perfecto Gear Differential Co.

On exceptions by defendants to report of special master recommending decree in favor of plaintiff.

The above-entitled causes were brought, one in the Northern district of California and one in the Southern district.

In the Northern district ease, the Per-fecto Gear Differential Company is the sole defendant. Plaintiff in that case set up first a cause of action for breach of a patent license contract. It was there charged that defendant had, in violation of the obligations assumed under the contract, made licenses to others for the manufacture and sale of a patented device of substantially the same kind as that which plaintiff was authorized to make and vend. A second cause of action set up in the Northern district ease charged acts of unfair competition.

In the case brought in the Southern district, infringement of patent rights held by plaintiff under the license was charged against the defendant above named. In this case there were added, as parties defendant, Planator Gear Shift Company, a corporation, Starr Transmission Corporation, and certain individual defendants. The prayer in each case was for an injunction and damages, with the added petition in the Northern district…