National Popsicle Corporation v. Hughes

WELSH, District Judge.

On June 3, 1930, pursuant to a consent decree entered May 8, 1930, the above named defendant was perpetually enjoined in this action from infringing upon three Letters Patent, owned by plaintiffs, covering a process of manufacturing frozen confection, and the manufactured product. This decree became final and is now in effect.

Defendant moves to dissolve the perpetual injunction on the ground that on February 2, 1938, the Circuit Court of Appeals of the 9th Circuit, in the case of Icyclair, Inc., et al. v. National Popsicle Corporation, 94 F.2d 669, determined that some…