Consolidated Roller-Mill Co. v. Coombs
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On motion to stay injunction. Plaintiff obtained against the defendant the usual decree in patent cases for an injunction against further infringement, and a reference to a master to compute damages.
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In Equity. On motion to stay injunction. Plaintiff obtained against the defendant the usual decree in patent cases for an injunction against further infringement, and a reference to a master to compute damages. Defendant moved to stay the issuing of the injunction upon the ground that plaintiff was not a manufacturer, but derived its profits from selling or licensing its machine, and that the damages to defendant by stopping his mill would be out of all proportion to the amount of plaintiff’s license, or to any damages that would be occasioned to it by defendant’s continued use of machines.
1Opinion of the CourtBrown, J.
We arc asked by this motion to determine whether after an adjudication adverse to the defendant upon the merits of a patent case we ought to stay the issue of an injunction until final decree. So far as preliminary injunctions are concerned, it is entirely well settled that while the patent may be adjudged valid and the defendant an infringer the award of an injunction is purely a matter of discretion, and courts are constantly in the habit of withholding it upon such terms, as to the giving of a bond and the like, as may seem just and equitable, having regard to the comparative injury that…
2Cases cited9 opinions
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Barnard v. GibsonSupreme Court of the United States · 1849
- Morris v. Lowell Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1866
- Potter v. WhitneyU.S. Circuit Court for the District of Massachusetts · 1866
- Tracy v. TorreyU.S. Circuit Court for the District of Northern New York · 1851
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3Cited by11 opinions
- Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
- Fuller v. BergerCourt of Appeals for the Seventh Circuit · 1903
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Court of Appeals for the First Circuit · 1906
- National Cash Register Co. v. Remington Arms Co.Court of Appeals for the Third Circuit · 1923
- Landis Tool Co. v. IngleCourt of Appeals for the Third Circuit · 1923
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