Page:Federal Reporter, 1st Series, Volume 2.djvu/247

 ^40 FEDEBAIi BBPOBTBB. �place and stead to commence, prosecute, compromise, settle, release, conclude and enforce, by suit at law or in equity, any infringements of the nights secured to him, said Spofford, " by said patent, by the defendant — ail such suits to bebrought in the name and at the cost of saidGoldsmith; that Spofïord thereby expresely covenanted and agreed that he wonld not do, in respect to the defendant, any of the acts which he thereby authorized Goldsmith to do ; that Goldsmith is the sole law- ful person to bring the bill, as to the interest in the patent vested in Spolïord; that Hoffman and Spofïord will receive large profits from the patent if infringement by the defend- ant be prevented. It prays for a discovery of profits and of damages. The bill is demurred to beeause Spofford is not made a party, and beeause Goldsmith is made a party. �It is provided by section 4919 of the Eevised Statutes that "damages for the infringement of any patent may be recov- ered by action on the case in the name of the party interested, either as patentee, assignee, or grantee." Jurisdiction is given to the circuit courts, by section 629, of ail suits in law or in equity arising under the patent laws. It is provided by section 4921 that, upon a decree being rendered in any case for an infringement, the complainant shall be entitled to recover, "in addition to the profits to be accounted for by the defendant, the damages the complainant bas sustained thereby. " �The clear purport of these provisions is that the party in interest must bring the suit, whether at law or in equity, in bis own name, and cannot delegate the right to another per- son to bring the suit in the name of such other person, when the suit is not for the beneôt in any way of such other per- son. It is a question of public policy. The defendant bas a right to require that the real owner or party in interest shall be in court, so that the court may exercise a control over him, in the course of the suit, if necessary, to require him to do something which the rights of the defendant may require to be done. Goldsmith has no control as to the patent, or any- thing to be done under it, except to bring suits in respect of Spofford's interest. ����