Sherman-Clay & Co. v. Searchlight Horn Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit by the Searchlight Horn Company against Sherman-Clay & Co., a corporation, to enjoin infringement of letters patent, No. 771,-441, for a horn for phonographs or similar machines, granted to Peter C. Nielsen October 4, 1904. From an order granting a preliminary injunction, defendant appeals.
1Opinion of the Court
MORROW, Circuit Judge.
This is a suit for an injunction based upon the judgment entered in the court below in the action at law between the same parties. In the bill for injunction it was alleged that since the rendition of the judgment in the action at law, the defendant, without the consent of the plaintiff, had continued to use and sell horns for phonographs containing and embracing the invention described, claimed and patented in and by the letters patent issued to Nielsen, and that unless the defendant was restrained by the court from using and selling such horns, the plaintiff would…
2Cases cited3 opinions
- Southern Pac. Co. v. EarlCourt of Appeals for the Ninth Circuit · 1897
- Kings County Raisin & Fruit Co. v. United States Consol. Seeded Raisin Co.Court of Appeals for the Ninth Circuit · 1910
- Jensen v. NortonCourt of Appeals for the Ninth Circuit · 1894
3Cited by5 opinions
- Columbia Graphophone Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1916
- Wilson v. Byron Jackson Co.Court of Appeals for the Ninth Circuit · 1937
- Rousso v. BarberCourt of Appeals for the Third Circuit · 1921
- Imperial Machine & Foundry Corp. v. BlakesleeCourt of Appeals for the Second Circuit · 1919
- Pacific Phonograph Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1914