Bauer & Cie v. O'Donnell

U.S. Court of Appeals for the D.C. Circuit October 13, 1913

Bauer & Cie v. O'Donnell, 41 App. D.C. 1 (D.C. Cir. 1913)

1913 U.S. App. LEXIS 1965

Opinion of the Court

After the receipt of the mandate of that Court,

Mr. Chief Justice Shepard

delivered the opinion of this Court:

This cause came on to be heard on the transcript of record *4from the supreme court of the District of Columbia, and was argued by counsel on December 2, 1912, and after argument of the same, the question involved in this- appeal was by this court certified to the Supreme Court of the United States under sec. 251 of the Judicial Code [36 Stat. at L. 1159, chap. 231, U. S. Comp. Stat. Supp. 1911, p. 232], and it appearing that-the mandate of the Supreme Court of the United States was filed in this court on August 15, 1913, and that said question was answered in the negative, on consideration thereof, and of the opinion of the Supreme Court of the United States, it is now hereby ordered, adjudged, and decreed by this court that the decree of the said Supreme Court of the District of Columbia in this cause be, and the same is hereby, affirmed with costs. ’ ■ • . Affirmed.«

Reference

Full Case Name: BAUER & CIE v. O'DONNELL
Status: Published
Syllabus: Patents; Restrictions on Sales by Purchasers; Sale ob License; Notice of Price Restriction. 1. The exclusive right to “make, use, and vend the invention or discovery,” granted by IJ. S. Rev. Stat. see. 4884, IT. S. Comp. Stat. 1901, p. 3381, to the patentee, his heirs and assigns, does not include the right to limit by notice the price at which the patented article may be resold at retail by a purchaser from jobbers who have paid to the patentee’s agent the full price asked. 2. Attaching a notice to a patented article which states that the article is licensed for sale and use at a specified price, that a purchase is an acceptance of the conditions, and that all rights revert to the patentee, in the event of a violation of tlic restriction, cannot convert an otherwise apparently unqualified sale into a mere license to use the invention.