Page:Federal Reporter, 1st Series, Volume 6.djvu/506

 e9e FEDERAL BSFOBTEB. �of the licensor to;apply:to the licensee for an account and a payment, and that he could not in the meantime, without the assent of tho licensee, relicense the patent to third parties. �4. SAMB— SUBSKQOENT LiCENSB. �Held, further, that a subsequent liconse was void where the parties had notice of the prior agreement, and the same was issued without the consent of the original licensee, and after a complete tender of tho royalties then due. �5. Letters Patent — Impeovbmbkt in Canopt Tops pok Children'b �Caeriages. �Letters patent for an " improvement in csnopy topsr for cnildren'» carriages," granted Calvin E. Fosburgh, May 29, 1877, are not void for want of utility. — [Ed. �A. V. Bnesen,.ior plaintiff. �Edwin H, Brown, for defendant. �Blatchfobd, C. J. Letters patent for an "improvement in canopy-tops for children's carriages" were granted to Calvin E. Fosburgh, May 29, 1877. On the seventh of January, 1878, an agreement in writing, under seal, was exeeuted by , and between Fosburgh and Charles "W. F. Dare, the plaintiff, and recorded in the patent-office January 9, 1878, whereby Fosburgh granted to Dare, for and in consideration of the co venants therein contained, to be kept by Dare, the sole and exclusive . right, license, and privilege to manufacture, use, and sell canopy-tops, embodying the invention covered by said patent, for the full unexpired term of the same, with the exchisive right to grant sublicenses to other parties, under said patent. As a consideration, Dare thereby agreed to pay to Fosburgh, as a royalty or patent fee, 25 cents for each canopy-top and child's carriage provided with the canopy-top made and sold by or on behalf of, or with the license or con- sent of,Dare, containing said invention; payments of royalty "to be made qtiarterly,— that is to say, on the first day of Jan- uary, April, July, and October, or within ten days thereafter, of each and every year" during the continuance of the agree- ment, — for air the said articles made and sold by or on behalf of, or with the consent of, Dare, "during the three months preceding the reslpective dates of payment;" each payment to be accompanied by a statement, under oath, of Dare, setting ��� �