A  patentee  may  maintain  an  action  at  law  upon  a  patent,  in  his
own  name,  although  he  is  under  a  contract  to  assign  it  to  others
BO  long  as  the  assignment  has  not  been  executed  ;  but  equity
regards  that  as  already  done  which  the  patentee  has  agreed  to  do,
and  will  require  that  the  proposed  assignees  be  made  parties  to  any
bill  in  chancery  brought  against  infringers.  If,  however,  the
other  parties  to  such  a  contract  release  to  the  patentee  all  their
interest  in  the  patent,  he  may  maintain  a  bill  in  his  own  name  for
all  subsequent  infringements,  but  not  for  those  committed  pre-
vious to  the  release  ;  neither  can  he  recover  damages  for  any
infringements  committed  after  he  has  sold  and  assigned  the  patent.
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REMEDY    BY  INJUNCTION.  399

Wheeler  v.  McCormick,  4  Pat.  Off.  Qaz.  692  ;  11  Blatchf.  334  ;  8
Fish.  Pat.  Gas.  551.
One  who  is  only  a  licensee  cannot  sue  in  equity  in  his  own  name,
but  must  join  with  him  the  owner  of  the  legal  title  as  plaintiff.
Nelson  v.  McMann,  16  Pat.  Off.  Gaz.  '761  ;  16  Blatchf.  139  ;  4
Bann.  <&  A.  Pat.  Gas.  203.  •

In  an  equitable  suit  brought  by  a  married  woman  in  the  circuit
court  in  the  district  of  New  York  for  infringement,  the  husband
need  not  be  joined.  Lorillard  v.  Standard  Oil  Co.,  21  Alb.  L.  ,T.
492.
