Merrell-Soule Co. v. Natural Dry Milk Co.
District Court, N.D. New York
In Equity. Suit by the Merrell-Soule Company against the Natural Dry Milk Company. On motion by complainant for preliminary injunction, and by defendant to dismiss. Motion by the complainant for an injunction pendente lite in a suit to restrain alleged infringement of. the Stauf and other patents. Motion by the defendant to dismiss as to the Stauf patent, No. 666,711, dated January 29, 1901, application filed October 3, 1900.
1Opinion of the Court
RAY, District Judge.
The Stauf patent, on which the complainant mainly relied on the argument (patent to Stauf, No. 666,711, of January 29, 1901, for method of desiccating blood, etc.), has been the subject of judicial examination and determination in Merrell-Soule Co. v. Powdered Milk Co. of America (D. C.) 215 Fed. 922, Hazel, District Judge, who arrived at the conclusion that the patent is valid and had been infringed by the defendant there. That case is now on appeal, and, as there was a supersedeas, no injunction is now in force. I would content myself with a reference to and an approval…
2Cases cited1 opinion
- Merrell-Soule Co. v. Powdered Milk Co. of AmericaDistrict Court, W.D. New York · 1914