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Waterman v. Mackenzie

138 U.S. 252, 11 S. Ct. 334, 34 L. Ed. 923 (1891)

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Waterman v. Mackenzie

United States Supreme Court
138 U.S. 252, 11 S. Ct. 334, 34 L. Ed. 923 (1891)

Facts

Lewis Waterman (plaintiff) held a patent for an improvement to fountain pens. Waterman assigned the patent to his wife, who then granted Waterman the right to manufacture and sell the invention. Waterman’s wife later assigned all right, title, and interest in the patent to another party, subject to Waterman’s license to manufacture and sell. Waterman brought an infringement action against James Mackenzie (defendant) and Samuel Murphy (defendant). The circuit court found that Waterman was not the patent owner and thus had no standing to bring suit without joining the true patent owner as a plaintiff. Waterman appealed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Gray, J.)

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