Melville Fuller

“ Defendant did not contest the validity of the patent, nor deny the use of the improvement, but defended on the ground that no case for equitable jurisdiction was presented upon the facts; and that, moreover, it clearly appeared that defendant had an implied license to use the invention without compensation while complainants continued in its employment, and to use it after they left for the same royalties charged other parties ”

“ It might have dismissed the bill, if it had deemed it inexpedient to grant an injunction; but that was a matter in its own sound discretion, and with that discretion it is not our province to interfere, unless it was exercised in a manner clearly illegal.'
In whatever aspect viewed, we perceive no ground for disturbing the decree. ”

“ As stated by the circuit court, when this patent was applied for and issued, complainants were both in the employment of the defendant, one as superintendent of defendant's mine, and the other as assayer and smelter at the mine and smelting works, each receiving a regular salary. While thus engaged they made the invention covered by the patent, and on April 19, 1871, before the application for the patent, put the improvement on the first furnace of defendant, and on April 24th, the date of the application, put it on the second furnace. ”