Timolat v. Philadelphia Pneumatic Tool Co.

LACOMBE, Circuit Judge.

The patent in suit has been several times before the courts, and sustained in the face of vigorous opposition. It was last considered by the Court of Appeals in this circuit in a suit by these plaintiffs against the Franklin Boiler Works Co. (122 Fed. 69). The tool claimed to be an infringement in that cause was made by the defendant here, and said defendant conducted the defense. Upon the rendition of opinion by the Court of Appeals, injunction pendente lite was granted in the case at bar. Thereupon complainants put in their prima facie proofs, and defendant…