Suddard v. American Motor Co.

LOWEEE, Circuit Judge.

This was a bill in equity to restrain the infringement of a patent. Several claims were in suit, of which one was found to be valid and infringed. An injunction was issued restraining further infringement, and the question here presented concerns only the costs in the case. The defendant contends that the allowance of costs 'to the complainant is forbidden by Rev. St. § 4922 (U. S. Comp. St. 1901^ p. 3396), which reads as follows:

“Whenever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee…