Atwood v. The Portland Co.

Lowell, 0. J.

Anson Atwood brings this bill upon the reissued patent granted him in 1857, No. 468, for a east-iron ear wheel. The original patent was granted in 1847; there was an extension of the reissued patent in 1861; and this suit was brought nearly six years after the end of the extended term; but the statute of limitations is not relied on at this stage of the ease.

The defendants contend that a suit in equity cannot be maintained, because no injunction can now be issued, and they consider the account to be a mere incident to the injunction. In my opinion the account is no more incident…