Order for Account dependent on further claim
The owners of a patent for a peculiar mode of manufacturing iron wheels for railway carriages having discovered that several railway companies were violating their patent brought an action for damages against one of such companies only, but did not in any way give notice to the other companies to discontinue theiri nfringements of the Plaintiffs’ right. In the action the validity of the patent was disputed, and it was not decided until three years after the patent had expired, when a verdict was given for the Plaintiffs, with large damages. Thereupon the Plaintiffs filed a bill for an account of profits, and an injunction against another of the companies who had infringed their patent, complaining of acts done nine years before.
Held: The delay was not excused by the pendency of the action, but was fatal to the Plaintiffs’ case,
The right to a decree in equity for an account of the profits made by the manufacturing and use of articles in infringement of a patent is incident to the right to an injunction to restrain future infringement; and where no case is made for the injunction the account will not be decreed.
Citations:
[1854] EngR 319, (1854) Kay 408, (1854) 69 ER 173
Links:
Jurisdiction:
England and Wales
Equity, Intellectual Property
Updated: 09 December 2022; Ref: scu.293176