Omeliah v. American Cap Front Mfg. Co.
District Court, S.D. New York
In Equity. Suit -by Clarence Omeliah against the American Cap Front Ai anufácturing Company. On motion to punish defendant and F. B. Frankenberg for contempt.
1Opinion of the Court
LACOMBE, Circuit Judge.
As to the defendant: There is no proof that since service of the injunction it has manufactured any infringing spools. It sells heads for spools, as it always has, to whomever will buy; but infringement of the patent consists only in the details of the rod which connects these heads and the method of assembling. When the injunction was agreed to, it was arranged that complainant should buy the machinery by which theretofore defendant made up the infringing spools. Some of this was sold. Complainant says all of it was not offered to him. Defendant says that all was…
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