Arey v. Goodyear Tire & Rubber Co.

District Court, N.D. Ohio
Arey v. Goodyear Tire & Rubber Co., 11 F.R.D. 209 (1951)
88 U.S.P.Q. (BNA) 347; 1951 U.S. Dist. LEXIS 3516

Arey v. Goodyear Tire & Rubber Co.

Opinion of the Court

JONES, Chief Judge.

This is a patent infringement action brought by the owner of the patent. The exclusive licensee of the patent refuses to join as plaintiff and plaintiff now moves to add the licensee as party defendant.

It would appear that the exclusive licensee is a necessary and indispensible party to this action. Since it refuses to join, the licensee may be made a defendant in the action. Fed.Rules Civ.Proc. rule K>, 28 U.S.C.A.

Motion will be sustained.

Reference

Full Case Name
AREY v. GOODYEAR TIRE & RUBBER CO.
Status
Published