White v. S. Harris & Sons Manufacturing Co.

Lowell, O. J.

The complainant’s patent, No. 220,126, is recent, and has not been litigated, and the affidavits give us to understand that its validity is seriously contested. This is reason enough for not granting a preliminary injunction.

It is said that the defendants are estopped by having accepted a license from the complainant. .But the only license asked for or taken was to sell certain goods which the defendants had on hand when the patent was obtained, which seems to be rather in the nature of a compromise to save trouble, than deliberate acknowledgment of the validity of the patent.…