Page:Federal Reporter, 1st Series, Volume 6.djvu/505

 DARE V. BOTLSTOH. 493 �tions have been repeatedly announced, and in one case as to an interlocutory decree. In the latter case the thought was that after an interlocutory decree as to a product the in- fringer should not be permitted to put on the market an inferior product to the detriment of the plaintiff, whereby not only a competition should occur in the market, but the infe- rior product disparage the true product. That case can have no adequate reference to this ; for it may be that the defend- ants' machines are, as to praotical utility, superior to those manufactured by the plaintiff, still the patentee is entitled to what the law grants, and if any difficulties occur, as Bug- gested, they are to be corrected by le^slation, and not by judicial decision. �The decision of the court, therefore^ is that the motion for rehearing is overruled, and the motion to suspend the inter- locutory decree for a perpetuai injunction is also overruled. ���DabE V. EOYLSTON. ���{Circuit Gaurt, 8. D. New.Y.prk. Decembef 31, 1880.) �1. LiCBNSE — RoTAi/nB8 — Tnmop Patment. �An agreement for an exclusive lidense.executed ifahuary 7, 18Y8, etipulated, inter alia, tb&t the payments of royalty sbduld " be made quarterly ; that is to say, on the flrstday of Janpary, Apjil, Juty^and October, or within 10 days thereafter of each and eyery year" dwing the continuance of the agreement. Bdd, th&t the flrst payment li royalty became due on the flrst day of April, 1873. �2. BaME — FORFBITUBE. �It was further agreed by the licensee that " if he should fail to well and tmly make the payments above referred to, or to execute or ful- fll any of the other conditions " contained in the agreement, that the same should be null and void. Sdd, that the failure of the licensee to render a statement or make a payment on the flrst day of April, 1878, or within 10 days thereafter, did not, ipso facto, work a forfeit- ure of his rights under the agreement. �3. Samb — Payment of Rotai/ties — Dutt of Licenbob. �Beld, further, under the circumstances of the case, and In the ab- sence of a stipulation as to the place of payment, that it was the duty ��� �