Legal Opinion

Lalance & Grosjean Mfg. Co. v. Haberman Mfg. Co.

U.S. Circuit Court for the District of Southern New York

Decided March 25, 1899PublishedCited by 10 opinions

These were two suits in equity, brought by the Lalance & Grosjean Manufacturing Company and the St. Louis Stamping Company against the Haberman Manufacturing Company and against Matthai, Ingram & Co., respectively, for alleged infringement of a patent for an invention.

1Opinion of the Court

LACOMBE, Circuit Judge.

1. These are suits in equity, against alleged infringers of a patent, for injunction and accounting. Having obtained jurisdiction of them when brought, the court does not lose such jurisdiction merely because, by reason of subsequent events, the right to relief by injunction may have been lost, — if, indeed, it has been lost. The court will hold the causes until final disposition upon accounting for damages and profits.

It is not thought that the execution of an assignment and a release by 'one of the joint owners destroys the co-owner’s right to recover his damages from…

2Cases cited4 opinions

  1. Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
  2. Gottfried v. MillerSupreme Court of the United States · 1882
  3. Clum v. BrewerU.S. Circuit Court for the District of Massachusetts · 1855
  4. Pitts v. HallU.S. Circuit Court for the District of Northern New York · 1854

3Cited by10 opinions

  1. T. C. Theatre Corp. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1953
  2. Schering Corporation v. Roussel-Uclaf Sa, Involuntary v. Zeneca Inc. And Zeneca Holdings Inc.Court of Appeals for the Federal Circuit · 1997
  3. Consolidated Theatres, Inc. v. Warner Bros. Circuit Management Corp.Court of Appeals for the Second Circuit · 1954
  4. Watson v. WatsonNew York Supreme Court · 1939
  5. Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.District Court, S.D. New York · 1901

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