Tompkins v. International Paper Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Bill by John D. Tompkins against the International Paper Company. Prom a decree sustaining a demurrer to the bill, and dismissing it, plaintiff appeals.
1Opinion of the Court
LACOMBE, Circuit Judge.
The bill is the usual one for infringement of a patent, praying that defendant be enjoined and be decreed to account for profits and damages. The bill was filed August 15, 1908, subpoena served August 17th, and the patent expired the following day, August 18th. The bill was demurred to as without equity, because complainant had a plain adequate and complete remedy at law, and because the bill was filed so shortly before the expiration of the patent that no motion for an injunction could have been regularly notified to the defendant and heard by the court (Circuit Court,…
2Cases cited10 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Coupe v. RoyerSupreme Court of the United States · 1895
- Clark v. WoosterSupreme Court of the United States · 1886
- The Suffolk Company v. HaydenSupreme Court of the United States · 1866
- American Cable Ry. Co. v. Chicago City Ry. Co.U.S. Circuit Court for the Northern District of Illnois · 1890
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3Cited by8 opinions
- United States Frumentum Co. v. LauhoffCourt of Appeals for the Sixth Circuit · 1914
- Ansehl v. Puritan Pharmaceutical Co.Court of Appeals for the Eighth Circuit · 1932
- Tompkins v. St. Regis Paper Co.Court of Appeals for the Second Circuit · 1916
- Son v. Pressed Steel Car Co.District Court, S.D. New York · 1927
- Goldschmidt Thermit Co. v. Primos Chemical Co.District Court, E.D. Pennsylvania · 1914
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