Independent Wireless Telegraph Co. v. Radio Corp. of America, 269 U.S. 459 (1926) (No. 87)

Independent Wireless Telegraph Co. v. Radio Corp. of America, 269 U.S. 459 (1926) (No. 87)

Author: Supreme Court of the United States

Year: 1926

Case name: Independent Wireless Telegraph Co. v. Radio Corp. of America Opinion filed: 1926-01-11 Docket No.: 87 Citations: • 269 U.S. 459 • 46 S. Ct. 166 • 70 L. Ed. 357 • 1926 U.S. LEXIS 360 Case holding summaries: • holding that a licensee may not sue for infringement without joining the patent owner • if the patentee refuses or is unable to join an exclusive licensee as co-plaintiff, the licensee may make him a party defendant • "The presence of the owner of the patent as a party is indispensable . . . to give jurisdiction under the patent laws. . . ." • stating that both the owner and the exclusive licensee are generally necessary parties in an action in equity • patentee is necessary party to give jurisdiction in law or equity • "The owner beyond the reach of process may be made coplaintiff by the licensee, but not until after he has been requested to become such voluntarily." • "Defects in the Original Rule" • the assignee, who retained non-exclusive rights for certain uses, was a necessary party and could be joined involuntarily in a suit brought by the exclusive licensee for other uses • “Equity will not suffer a wrong without a remedy.” • explaining that, subject to an ex