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IWHT Mil. 277
p.-iiiy, ;in(l cxclusixc iml^IMs, IhiI this \v;is no \ i(»L-it ion of L'lw. The owner of a p.-itcnl lias ('.\clusi\'(' ri^lits, i'i<^lits of niakini;-, nsini^ and s('llin<;'. lie may kccj) tlicni or transfer them to anotlici* -kee]) some of tlicm and transfer (►thers. This is eh'mcntai'v ; and, keeping it in mind, there is no troubles in estimating the eliaracter of such rights or their transfei'. Of eonrse, patents and ])atent rights can not be made a eover for a viohition of law, as we said in Standard Sanitary Manufacturing Companjj v. United States (226 U. S., 20). But patents are not 80 used when the rights conferred upon them by law are only exercised. The agreement of the 19th of April, 1897, constituted, as we said, the Creamery Package Manufacturing Company, a sales agent of the churns and butter workers made by the Owatonna Company and tixed their list price. The patents under which the articles were manufactured were stated, and it was provided that the Owatonna Company should protect the Creamery Package Manufacturing Company from all suits for infringement, defend the validity of the patents and promptly attack infringers. This provision is especially urged by plaintiffs as showing a common and illegal purpose between the companies. It has not that quality. It is but an assurance of title to the rights conveyed.
It should be observed that the above case involved only one agency contract. It is not shown that the contract involved was one of a series of contracts entered into by the Owatonna Co., the manufac