Charles Green Co. v. Henry P. Adams Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Charles Green Company and Arthur W. Clapp and Herbert C. Newell, doing business as Oberly & Newell, against the Henry P. Adams Company. Motions for a supplementary injunction and to punish for contempt denied, and plaintiffs appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Charles Green Company and Arthur W. Clapp and Herbert C. Newell, doing business as Oberly & Newell, against the Henry P. Adams Company. Motions for a supplementary injunction and to punish for contempt denied, and plaintiffs appeal. Appeal from order entered in District Court for tbe Southern District of New York refusing to issue a supplementary injunction or to punish the defendant for contempt. The Green Company and others own Patent No. 1,180,141. They brought against the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The practice of reaching evasive and persistently infringing defendants by supplementary injunction we have already substantially approved. Read Machinery Co. v. Jaburg, 223 Fed. 1022, 138 C. C. A. 659. That approval we reiterate, but the propriety of granting such relief should be ascertained with due regard to settled rules regarding alleged contempt of patent injunctions.
Modifications of enjoined devices have not been dealt with on motions to punish for contempt “unless the change was a mere colorable equivalent” (Crown Cork, etc., Co. v. American,…
2Cases cited6 opinions
- Crown Cork & Seal Co. v. American Cork Specialty Co.Court of Appeals for the Second Circuit · 1914
- Bonsack Mach. Co. v. National Cigarette Co.U.S. Circuit Court for the District of Southern New York · 1894
- Read Machinery Co. v. JaburgCourt of Appeals for the Second Circuit · 1915
- Safe-Cabinet Co. v. Globe-Wernicke Co.Court of Appeals for the Second Circuit · 1917
- Sundh Electric Co. v. General Electric Co.District Court, N.D. New York · 1914
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3Cited by12 opinions
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
- American Foundry & Mfg. Co. v. Josam Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
- Gordon v. Turco-Halvah Co.Court of Appeals for the Second Circuit · 1917
- Armstrong v. De Forest Radio Telephone & Telegraph Co.Court of Appeals for the Second Circuit · 1926
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