Pope Manufacturing Company v. Gormully…
“ Unquestionably, a contract for the purchase of any portion of the patent-right may be good as between the parties as a license, and enforced as such in the courts of justice. But the legal right in the monopoly remains in the patentee, and he alone can maintain an action against a third party who commits an infringement upon it.' As the assignment was neither of an undivided interest in the whole patent, nor of an exclusive right within a certain territory, it was held to be a mere license. ”
