41 F. 476 | U.S. Circuit Court for the Northern District of Illnois | 1889
(orally.) This is a bill in equity for an injunction and accounting against the defendant corporation and its president, charging the infringement of a patent owned by complainant. The bill charges that the defendant corporation, and A. B., its president, “well knowing of complainant’s rights under the patent, yet have willfully and intentionally infringed upon said patent.” To this bill a general demurrer is filed by A. B., the president, on the ground that there is no specific allegation in the bill that he personally directed or participated in the infringement complained of; that there is no case made for a discovery against him; and that singling him out from all the officers of the corporation, and making him a defendant, indicates a spirit of personal persecution for which no foundation is laid'in the bill; citing, in support of the demurrer, Nickel Co. v. Worthington, 13 Fed. Rep. 393; Howard v. Plow-Works, 35 Fed. Rep. 743; and Boston, etc., Hose Co. v. Star Rubber Co., 40 Fed. Rep. 167.
It has been the practice of this court, ever since patent litigation commenced here, when a corporation is charged with infringement, to join the chief executive officer of the corporation as a defendant, — that is, charging the corporation and the officer, in general‘terms, with the infringement; and, while this practice has been occasionally objected to in behalf of the officer, this is the first time, so far as mj’ knowledge and memory serves me, that a demurrer has been interposed by the officer so sued. The reason which has been urged for joining one or more of the officers as defendant or defendants in a bill of this kind is that an injunction, or other order of the court, is much more apt to secure obedience, if directed to an individual officer by name, than if it only ran against the officers and agents of the corporation by that general description, and I have always thought there was much force in the suggestion. It seems to me there is a direct moral effect upon a defendant who is by name restrained by an injunction, which would not be felt if the mandate ran only against .the officers, agents, servants, etc. It puts the officer individually addressed by the process of the court upon notice that he must see to it that the process is obeyed, and that he will be held personalty responsible for disobedience. And the president of the corporation, as