Panoualias v. National Equipment Co.
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Suit in equity by Panayiotis Panoualias against the National Equipment CompanjL Complainant appeals from an order granting an injunction, and defendant appeals from an order denying an injunction.
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Appeals from the District Court of the United States for the Southern District of New York. Suit in equity by Panayiotis Panoualias against the National Equipment CompanjL Complainant appeals from an order granting an injunction, and defendant appeals from an order denying an injunction. Affirmed on complainant’s appeal, and reversed on defendr ant’s appeal. ■ The patent in guestion was granted to Panoualias (tjTo. 685,790), and defendant is and long lias been the manufacturer of alleged infringing devices. The patent expired November 12, 1918. Prior to 1910 Panoualias sued Confectioners’…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The propriety of the orders under review depends upon whether infringement by the “divided belt” machine is or is hot involved in this suit in equity. When plaintiff, having acquiesced in the decision of this court (110 C. C. A. 430, 188 Fed. 211), filed his supplemental bill so as to claim broadly for any infringements of claims 37 and 38, it is plain that, not only was defendant making and selling the “divided belt” machine, but plaintiff knew it.
When the cause came to trial, plaintiff took the position that he would not “demand for profits or damages” in…
2Cases cited7 opinions
- Camp v. BoydSupreme Court of the United States · 1913
- Gordon v. Turco-Halvah Co.Court of Appeals for the Second Circuit · 1917
- Stebler v. Riverside Heights Orange Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1914
- Marshall v. Bryant Electric Co.Court of Appeals for the First Circuit · 1911
- Bryant Electric Co. v. MarshallU.S. Circuit Court for the District of Massachusetts · 1909
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3Cited by9 opinions
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- Galion Iron Works & Mfg. Co. v. J. D. Adams Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- In Re Garment Center CapitolCourt of Appeals for the Second Circuit · 1938
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