Bonsack Mach. Co. v. National Cigarette Co.
U.S. Circuit Court for the District of Southern New York
This was á suit by the Bonsack Machine Company against the National Cigarette Company for the infringement of certain letters patent for cigarette machines. An injunction was heretofore granted (68 Fed. 885), and a motion is now made to punish for contempt for alleged violation thereof."
1Opinion of the Court
LACOMBE, Circuit Judge.
This is a motion to punish for contempt. When the suit was originally brought, defendants were using a machine which the court has, after argument, held to be an infringement of complainants’ patents. The defendants are now using a machine which in some respects differs from the infringing machine already passed upon, and it appears that it is made under a patent issued subsequent to the decree. The weight of authority is clearly against the proposition that in such a case the question of infringement is to be settled on a motion to punish for contempt. The new machine…
2Cases cited4 opinions
- Onderdonk v. FanningU.S. Circuit Court for the District of Eastern New York · 1880
- Buerk v. ImhaeuserU.S. Circuit Court for the District of Southern New York · 1876
- Wirt v. BrownU.S. Circuit Court for the District of Eastern New York · 1887
- Truax v. DetweilerU.S. Circuit Court for the District of Southern New York · 1891
3Cited by8 opinions
- Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
- Gordon v. Turco-Halvah Co.Court of Appeals for the Second Circuit · 1917
- Crown Cork & Seal Co. v. American Cork Specialty Co.Court of Appeals for the Second Circuit · 1914
- Charles Green Co. v. Henry P. Adams Co.Court of Appeals for the Second Circuit · 1917
- Otis Elevator Co. v. 570 Building Corp.District Court, E.D. New York · 1939
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