Continental Paper Bag Co. v. Eastern Paper Bag Co.
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Maine.
1DissentAldrich, District Judge
I agree to the conclusion that the patent in suit was infringed, but, notwithstanding infringement, I contend that injunction relief should not be granted because it is an infringement of a paper patent deliberately held in nonuse for a wrongful purpose.
The injunction is not asked against, the use of a machine which in fringes one which the plaintiff below is making and vending under a patent, but against the use of a machine which infringes a patent under which the plaintiff is not making and vending, and one which the plaintiff intends to withhold from the public.
The manifest purpose is to…
2Cases cited23 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Patterson v. KentuckySupreme Court of the United States · 1879
- Grant v. RaymondSupreme Court of the United States · 1832
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
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