Page:Federal Reporter, 1st Series, Volume 1.djvu/871

 PBNTLAROE V. BEBSTOM. 863 �second, that the defendants should consent to a final decree in this action awarding the plaintiff the sum of $2,000 for hia damages by reason of past infringements, and directing that the defendants be perpetually enjoined from using the said invention in the future ; third, that upon the entry of such a decree, and the payment of the damages agreed on, the plaintiff should grant to the defendants, and the defendants Bhould accept, a license to use the said invention. �The terms of the license were particularly specified in this agreement of compromise, and one of its provisions is that in case of a failure of the defendants to pay the royalty speci- fied therein, or maintain the selling price of the hungs at the agreed rate, the plaintiff should be entitled to revoke the license, by giving written notice of revocation to the defend- ants. In pursuance of this written contract between the parties a final decree was entered in this action, according to the prayer of the bill, and awarding the plaintiff $2,000 for his damages, and directing the issue of a perpetuai injunc- tion forbidding the use of the said invention by the defend- ants. Upon the entry of such decree the defendants paid the damages and costs, and received from the plaintiff a license to use the invention as provided in the agreement of com- promise. �Under this license the defendants continued to manufacture bungs, of the form described in the plaintiff's patent, until July 5, 1879, when the plaintiff gave notice of revocation of the license, upon the ground that it had been violated by the defendants by selling bungs at less than the prescribed price. The defendants disgregarded this notice of revocation of the license and continued to use the plaintiff's invention. Where- upon the plaintiff applied to this court for an attachment against them to enforce their obedience to the perpetuai in- junction theretofore issued out of this court, according to the direction in the final decree herein. A reference was thereupon ordered, to take proofs respecting the acts charged upon the defendants, and also respecting the circumstances under which the notice of revocation of the license had been given. Pend- ing that reference the defendants make the present applica- ��� �