Publisher's Synopsis
Excerpt from Reports of Cases Decided by the English Courts, 1879, Vol. 20: With Notes and References to Kindred Cases and Authorities; Containing 2 Appeal Cases, Pp. 423-742; 4 Chancery Division, Pp. 389-685; 2 Common Pleas Division, Pp. 125-264; 14 Cox's Criminal Cases, 31-61; 2 Exchequer Division, Pp. 253-320
Taking that to be the rule, and I think the analo y be tween the two is perfect, the question in a suit in w ich a patentee is claiming royalty from his licensee is, whether what the licensee has done is included in the patent which the patentee or licensor had, and which he gave him license to use? That must depend entirely upon the construction of the specification. If upon the true construction of the specification it is included, no matter whether it is good or bad, the licensee must pay. If, upon the true construction of the specification it is not included, there is no reason why the licensee should pay.
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