Daniel v. Miller
U.S. Circuit Court for the District of Eastern Pennsylvania
Bill for an injunction against the infringement of a patent and an accounting. Sur motion for preliminary injunction. The bill averred that Norman Bruce Miller, one of the defendants, had assigned to the complainant, in February, 1894, Ms patent, for which application was then pending, fer improvements in the packing for piston rods, etc., and that on August 7, 18!>4, the patent (No. .724,178) was issued to the complainant, as assignee of the said Norman Bruce Miller, the…
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Bill for an injunction against the infringement of a patent and an accounting. Sur motion for preliminary injunction. The bill averred that Norman Bruce Miller, one of the defendants, had assigned to the complainant, in February, 1894, Ms patent, for which application was then pending, fer improvements in the packing for piston rods, etc., and that on August 7, 18!>4, the patent (No. .724,178) was issued to the complainant, as assignee of the said Norman Bruce Miller, the inventor. It further set out that the other defendants were acting- in privity with said Miller in infringement of the…
1Opinion of the Court
DALLAS, Circuit Judge.
This case has been heard upon the plaintiff's motion for a preliminary injunction, and I am persuaded that, under the circumstances disclosed by the proofs as now presented, the defendants should be restrained from continuance of the infringement complained of, which is virtually admitted, until final hearing. The several matters urged in resistance of this motion are separately staled and discussed in the defendants’ brief, and they may be briefly disposed of.
1. “Knowledge of and long-continued acquiescence by a complainant in an infringement: may, in special cases, be…
2Cases cited2 opinions
- Taylor v. Sawyer Spindle Co.Court of Appeals for the Third Circuit · 1896
- Sawyer Spindle Co. v. TaylorU.S. Circuit Court for the District of New Jersey · 1895
3Cited by10 opinions
- Mellor v. CarrollU.S. Circuit Court for the District of Massachusetts · 1905
- Siemens-Halske Electric Co. v. Duncan Electric Mfg. Co.Court of Appeals for the Seventh Circuit · 1905
- Babcock & Wilcox Co. v. Toledo Boiler Works Co.Court of Appeals for the Sixth Circuit · 1909
- Johnson Furnace & Engineering Co. v. Western Furnace Co.Court of Appeals for the Eighth Circuit · 1910
- National Cash Register Co. v. Remington Arms Co.District Court, D. Delaware · 1922
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