(On Appeal from the Court of Appeal in England.)
Subject_Patent — Infringement — Construction — “Exercise and Vend” — English Sale — Delivery Abroad.
Where letters-patent in ordinary form conferred on a patentee the right to make, use, exercise, and vend an invention within the United Kingdom,
held that a sale by a person resident in Great Britain to a purchaser also resident in Great Britain of an article made abroad in accordance with the patent and to be delivered abroad, was not a vending of the invention within the meaning of the patent and was not therefore an infringement of it.
Appeal from a judgment of the Court of Appeal ( Vaughan Williams, Stirling, and Cozens-Hardy, L. JJ.), who had affirmed a judgment of Buckley, J., in an action in which the appellants were plaintiffs and the respondent was a defendant.
The facts appear sufficiently from the judgments of their Lordships infra.
Counsel for the Appellants— Cripps, K.C. — J. C. Graham— Colefax. Agents— J. H. & J. Y. Johnson, Solicitors.
Counsel for the Respondent — Walter. Agents— Emmet & Company, Solicitors.