Prieth v. Campbell Printing-Press & Manuf'g Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the District of New Jersey. This was a suit in equity by the Campbell Printing-Press & Manufacturing Company against Theodora Prieth, Edmund S. Prieth, and Benedict Prieth, for alleged infringement of letters patent Uo. 376,-053, issued January 3, 1888, to John H. Stonemetz, for an improvement in printing presses.
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Appeal from the Circuit Court of the United States for the District of New Jersey. This was a suit in equity by the Campbell Printing-Press & Manufacturing Company against Theodora Prieth, Edmund S. Prieth, and Benedict Prieth, for alleged infringement of letters patent Uo. 376,-053, issued January 3, 1888, to John H. Stonemetz, for an improvement in printing presses. The court below granted a preliminary injunction, on the strength of a decision by the circuit court for the district of Massachusetts (64 Fed. 782) sustaining the patent. 77 Fed. 976. From the order granting said injunction the…
1Opinion of the Court
ACHESON, Circuit Judge.
The interlocutory order granting an injunction, which is the subject-matter of this appeal, was based altogether upon the adjudication on the patent in suit by the United States circuit court for the district of Massachusetts in the case of Manufacturing Co. v. Marden, 64 Fed. 782; the court below declining to consider any question involving the regularity and validity of that adjudication. The learned judge below in his 'opinion said:
“So long as the decree of the circuit court of the district of Massachusetts stands unrevoked and unmodified, the comity which exists…
2Cases cited2 opinions
- Campbell Printing-Press & Manuf'g Co. v. MardenU.S. Circuit Court for the District of Massachusetts · 1894
- Campbell Printing-Press Co. v. PriethU.S. Circuit Court for the District of New Jersey · 1897