Page:Federal Reporter, 1st Series, Volume 7.djvu/222

 210 FEDERAL REPORTERA By bos & 1 ' = PATTERSON and another v. STAPLER. } }: (Circuit Court, D. New Jersey. April 12, 1881.) 1. PATENT RIGHT-EQUITABLE OWNER-INFRINGEMENT $ SUIT. ! - PARTY TO If the owner of an equitable right or interest in a patent institute a suit in equity for his own benefit, in the name of the owner of the ... legal title to the patent, for an injunction and an account, he will be made a co-plaintiff with the owner of the legal title to the court. 28AME-SAME-SAME SAME. 1 upon application The application will be sustained; even though made after answer beris filed, testimony is published, and the case is placed on the term 1 calendar.for final hearing, if it appear that the suit was instituted and the costs. were incurred by the owner of the equitable right for !his expected benefit and profit. } 3. LETTERS PATENT No. 132,368-IMPROVEMENT IN PAPER BOXES—AN- TICIPATION. 0.83 ...". " A box made out of a single sheet of pasteboard or other suitable material, provided with a projecting piece on one end thereof, and cut, folded, and joined by such projecting piece so as to form a pack- ing box having a top and bottom each composed of four pieces of material of desired proportions, the bottom being formed by folding and cementing the four pieces thereof upon each other, as described and shown in letters patent No. 132,368, dated October 21, 1872, "Issued to Charles T. Palmer, is anticipated by boxes previously made for bottles and buttons, and therefore said Palmer patent, as respects the first claim thereof, is void." In Equity. 1 NIXON, D. J. This suit was originally brought by Cun- ningham S. Patterson, as the owner of certain letters patent, No! 132,868, dated October 21, 1872, issued to one Charles T. Palmer, for improvement in paper boxes; against the defend. ant, for an injunction and an account for violating the said letters patent. After an answer by the defendant and the publication of the testimony and the placing the case" upon the term calendar for final hearing, an application was made to the court to amend the proceedings by making the Novelty Paper Box Company a corporation of the state of Pennsyl vania—a co-plaintiff in the case: Upon hearing the applica- tion it appeared in evidence that, whilst Patterson held the - 7.