Overweight Counterbalance Elevator Co. v. Standard Elevator & Mfg. Co.
U.S. Circuit Court for the Northern District of Illnois
These were four suits in equity brought by the Overweight Counterbalance Elevator Company against the Standard Elevator & Manufacturing Company, the Eaton & Prince Company and others, the Crane Elevator Company, and the J. W. Reedy Elevator Manufacturing Company, respectively, for alleged infringement of a patent. The cause, was heard on demurrer to the bill for want of equity jurisdiction.
1Opinion of the Court
KOHLSAAT, District Judge.
The above four equity suits were commenced 10 days prior to the expiration of the patent. The only substantial ground of equity jurisdiction is the prayer for injunction, preliminary and permanent, although the usual prayer for discovery and accounting is contained in each bill. The return day of the subpoena in each case was 20 days subsequent to the expiration of the patent. No motion for a preliminary injunction was made. The authorities are fairly uni Conn that, under such circumstances, complainants will not be permitted to invoke equity jurisdiction upon the…
2Cases cited1 opinion
- Clark v. WoosterSupreme Court of the United States · 1886
3Cited by1 opinion
- National Cash-Register Co. v. Navy Cash-Register Co.U.S. Circuit Court for the Northern District of Illnois · 1900