Perrigo v. Spaulding
U.S. Circuit Court for the District of Northern New York
[This was a motion for an injunction against the defendant on a bill in equity under letters patent granted to one Birdsall. to enjoin the use of an infringing machine. Prior to this the patentee Birdsall had sued the makers and vendors of the defendant's machine and recovered from them their gains and profits for all machines made and sold by them, among which was the defendant's machine.
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[This was a motion for an injunction against the defendant on a bill in equity under letters patent granted to one Birdsall. to enjoin the use of an infringing machine. Prior to this the patentee Birdsall had sued the makers and vendors of the defendant's machine and recovered from them their gains and profits for all machines made and sold by them, among which was the defendant's machine. The complainants haying acquired a territorial right from Birdsall now attempt to enjoin the use of the defendant’s machine.] 2
1Opinion of the Court
JOHNSON. Circuit Judge.
The rights of the defendant became fixed at the date of the decree in the suit between Birdsall and TVickson & Van TViekle, the vendors to Spaulding of the machine the use of which is sought in this suit to be enjoined. That decree was made in January, 1873. Its force and effect, as between the parties and their privies, could not be affected by a subsequent agreement between the plaintiff in that suit, Birdsall, and the plaintiffs in the present suit. Their agreement bore date in September, 1S75. It attempted to engraft a clause contained in it upon an earlier…
2Cited by3 opinions
- Stebler v. Riverside Heights Orange Growers' Ass'nDistrict Court, D. South Carolina · 1914
- Steam Stone-Cutter Co. v. SheldonsUnited States Circuit Court · 1884
- Porter v. Standard Measuring Machine Co.Massachusetts Supreme Judicial Court · 1886