Draper Co. v. American Loom Co.

LOWELL Circuit Judge.

The complainant brought a bill in equity to restrain the infringement of three letters patent. Testimony was taken concerning all three of them. At the argument .before the Circuit Court, the complainant expressly withdrew the first patent from consideration, and pressed only the second and third. The Circuit Court dismissed the bill generally, with costs for the defendant. An appeal was taken by the complainant to the Circuit Court of Appeals. At the argument before that court the complainant expressly withdrew from the court’s consideration the second patent, and argued…