Commercial Acetylene Co. v. Autolux Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. Suit by the Commercial Acetylene Company and .the Prest-O-Lite Company against the Autolux Company, Percival C. Avery, and others. On motion for preliminary injunction.
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In Equity. Suit by the Commercial Acetylene Company and .the Prest-O-Lite Company against the Autolux Company, Percival C. Avery, and others. On motion for preliminary injunction. This is an application for a preliminary injunction pendente lite restraining the defendants from selling, -arranging with, and inducing certain persons to buy certain high-pressure generators with the intent and knowledge and under such circumstances that they will be used for the purpose of filling with acetylene gas certain devices known as gas tanks, which have been manufactured by the Prest-O-Lite Company under…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The showing made by complainants on this application on • its face presents two distinct legal aspects. The first rests on the patent alone for all necessary recharging of the Prest-O-Lite gas tank during the life of the patent; that- any unlicensed person who charges such a tank with a supersaturated solution of acetylene gas for use or sale is an infringer, and that whoever advises, aids, or abets such tort ig a contributory infringer; that no restriction by the patentee is necessary to re-enforce the sanction of the patent. Second. The conditions imposed…
2Cases cited9 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Goodyear Shoe Machinery Co. v. JacksonCourt of Appeals for the First Circuit · 1901
- Rupp & Wittgenfeld Co. v. ElliottCourt of Appeals for the Sixth Circuit · 1904
- Tubular Rivet & Stud Co. v. O'BrienU.S. Circuit Court for the District of Massachusetts · 1898
- A. B. Dick Co. v. HenryU.S. Circuit Court for the District of Southern New York · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Acme Acetylene Appliance Co. v. Commercial Acetylene Co.Court of Appeals for the Sixth Circuit · 1911
- Winchester Repeating Arms Co. v. OlmstedCourt of Appeals for the Seventh Circuit · 1913
- Commercial Acetylene Co. v. WidrigU.S. Circuit Court for the District of Eastern Michigan · 1910