Westinghouse Electric & Mfg. Co. v. Cutter Electrical & Mfg. Co.

HOLLAND, District Judge.

This motion for a preliminary injunction is based on patent No. 633,772, granted on September 26, 1899, to the complainant’s assignees, Wright & Aalborg, for an improvement in automatic circuit breakers. It was before this court in a former suit, and is reported in 136 Fed. 218. The case was appealed to the Circuit Court of Appeals, and it was there held that the device which the defendant in this suit was then manufacturing and putting upon the market was an infringement of the complainant’s patent. See 143 Fed. 966.

In the former suit the Court of Appeals found that…